District of New Mexico
Press releases recorded for this federal judicial district.
Shiprock Man Sentenced to Prison for Federal Theft ConvictionRead the Press Release
ALBUQUERQUE – Orlando Jay Johnson, 24, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to 12 months in federal prison followed by three years of supervised release for his conviction on theft occurring in Indian Country.
Johnson was arrested on Oct. 31, 2014, after officers of the Navajo Nation Division of Public Safety were called to a fast food restaurant in Shiprock in response to a report that an elderly Navajo man had been robbed of his wallet and money. According to the criminal complaint, Johnson followed the victim out of the restaurant and stole the wallet from the victim’s pocket. The victim chased Johnson for approximately half a mile in his truck until he caught up to Johnson, who returned the wallet.
On March 26, 2015, Johnson pled guilty to a felony information charging him with theft occurring in Indian Country. In entering the guilty plea, Johnson admitted that on Oct. 23, 2014, in San Juan County, N.M., he stole a wallet and cash from the victim.
This case was investigated by the Farmington office of the FBI and Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Raquel Ruiz-Velez prosecuted this case.
Felon from Pojoaque Sentenced to Federal Prison for Unlawfully Possessing AmmunitionRead the Press Release
ALBUQUERQUE – Nicholas Mondragon, 32, of Pojoaque, N.M., was sentenced late yesterday afternoon in federal court in Albuquerque, N.M., to a year and a day in prison for being a felon in possession of ammunition. Mondragon will be on supervised release for three years after completing his prison sentence.
Mondragon pled guilty on July 17, 2014, to a felony information charging him with being a felon in possession of ammunition. In entering the guilty plea, Mondragon admitted that on Feb. 25, 2014, he purchased a box of ammunition in Las Vegas, N.M. Mondragon made the purchase despite knowing that he was prohibited from doing so because he had previously been convicted of multiple felony offenses including disposing of stolen property, aggravated assault against a household member, attempt to commit a felony, theft of a rental property, and theft of government property.
This case was investigated by the Albuquerque office of the FBI and was prosecuted by Assistant U.S. Attorney William J. Pflugrath.
Arizona Man Pleads Guilty to Federal Wire Fraud Charges in New MexicoRead the Press Release
ALBUQUERQUE – Joseph Lawler, 54, of Peoria, Ariz., entered a guilty plea in federal court in Albuquerque, N.M., to a 12-count superseding indictment charging him with wire fraud offenses. The guilty plea, which was entered without the benefit of a plea agreement, was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division.
Lawler pled guilty to all 12 counts of a superseding indictment that was filed on June 9, 2015, and alleged that between Aug. 2010 and July 2014, Lawler engaged in an illegal scheme to defraud investors of hundreds of thousands of dollars. Lawler executed the scheme by causing others to create a company, Projaris Management, LLC (Projaris), that purported to provide investment services. He also caused others to open four accounts for Projaris at a bank in Farmington, N.M., and one account at a bank in Phoenix, Ariz. Although the bank accounts were not in Lawler’s name and he was not an authorized signer, Lawler exercised sole control over the bank accounts.
The superseding indictment alleged that Lawler used Projaris and the bank accounts to execute a scheme to defraud investors in Projaris by making false representations to obtain investment funds which he used for other purposes. Lawler falsely represented to investors that their funds would be invested in gold, silver, real estate, or real estate investment trust funds. Instead, Lawler used investors’ funds to pay other Projaris investors who threatened to report him to law enforcement authorities. Lawler also used investors’ funds to pay for his living expenses and vehicles.
The superseding indictment includes forfeiture allegations which assert that Lawler derived at least $288,889.50 as a result of his criminal conduct and which require that Lawler forfeit money or assets in that amount.
A sentencing, Lawler faces a statutory maximum penalty of 20 years in prison on each of the 12 wire fraud charges in the superseding indictment. A sentencing date has not been set.
This case was investigated by the Albuquerque office of the FBI and is being prosecuted by Assistant U.S. Attorney Tara C. Neda.
Albuquerque Man Charged with Crimes Arising Out of Pharmacy Robbery in June 2013Read the Press Release
ALBUQUERQUE – Eddie Gallegos, 38, of Albuquerque, N.M., made his initial appearance in federal court this morning on an indictment charging him with crimes arising out of the June 21, 2013 armed robbery of a pharmacy in Albuquerque. Gallegos remains in federal custody pending arraignment and a detention hearing scheduled for June 29, 2015.
The four-count indictment alleges that Gallegos (1) violated the Hobbs Act by interfering with interstate commerce by robbery and violence; (2) branded a firearm during a crime of violence; (3) violated the Safe Doses Act by stealing medical products; and (4) possessed Oxycodone with intent to distribute. According to the indictment, Gallegos allegedly committed the four offenses by robbing Phil’s Pills, a pharmacy located at 5510 Lomas Blvd. NE in Albuquerque, at gunpoint on June 21, 2013.
The charges in the indictment carry the following statutory maximum penalties on conviction: Hobbs Act – 20 years of imprisonment; Safe Doses Act – 30 years of imprisonment; possession of Oxycodone with intent to distribute – 20 years in prison. The statutory maximum penalty for a conviction for brandishing a firearm during a crime of violence is a mandatory seven years in prison to be served consecutive to any prison sentence on the other sentence imposed on the other charges.
Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department, and is being prosecuted by Assistant U.S. Attorneys Joel R. Meyers and Shaheen P. Torgoley.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Sandia Pueblo Man Sentenced to Federal Prison for Assaulting Tribal Police OfficerRead the Press Release
ALBUQUERQUE – Ricardo Lamagna, 21, a member and resident of Sandia Pueblo, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to 18 months in federal prison followed by three years of supervised release for assaulting a tribal police officer with a dangerous weapon conviction.
Lamagna was arrested on Aug. 8, 2014, on a criminal complaint charging Lamagna with assaulting an officer of the Pueblo of Sandia Tribal Police Department with a dangerous weapon in the early hours of Aug. 5, 2014. The assault occurred on Sandia Pueblo in Bernalillo County, N.M., after the tribal officer responded to a domestic violence call from Lamagna’s residence. The tribal police officer was not injured.
On Dec. 16, 2014, Lamagna entered a guilty plea to a felony information charging him with assault with a deadly weapon. In entering the guilty plea, he admitted assaulting a tribal officer of the Sandia Pueblo Tribal Police Department with a handgun on Aug. 5, 2014, in Indian Country in Sandia Pueblo.
This case was investigated by the Albuquerque office of the FBI with assistance from the Pueblo of Sandia Tribal Police Department, and was prosecuted by Assistant U.S. Attorney David Adams.
Former Employee of Bank of the West Sentenced to Prison for Federal Embezzlement ChargesRead the Press Release
ALBUQUERQUE – Angela Giddings, 38, of Albuquerque, N.M., was sentenced today to 24 months in federal prison followed by three years of supervised release for her convictions on embezzlement by a bank employee and embezzlement from Indian tribal organizations. She also was ordered to pay $217,125.00 in restitution to the Bank.
Giddings was indicted on Dec. 16, 2014, and charged with 12 counts of embezzlement by a bank employee; six counts of embezzlement from Indian tribal organizations; and four counts of aggravated identity theft. Giddings committed these crimes in Bernalillo County, N.M., between Feb. 2, 2013, and July 18, 2014. At the time, Giddings was employed as a customer service manager for Bank of the West.
According to the indictment, Giddings embezzled funds entrusted to the bank by withdrawing and transferring funds from the accounts of customers without authorization and for her own use. Giddings’ unlawful withdraws and transfers ranged from $15,000.00 to $60,000.00. The victims of Giddings’ criminal conduct included the To’hajilee Community School Board and the Cañoncito Band of Navajos. The aggravated identity theft counts charged Giddings with using the names, addresses, and personal identifiers of individuals to commit felony offenses.
On Feb. 13, 2015, Giddings pled guilty to one count of embezzlement by a bank employee and one count of embezzlement from an Indian tribal organization. In entering the guilty plea, Giddings admitted that between Jan. 9, 2012 and July 18, 2014, she misapplied and embezzled money by making unauthorized withdrawals and transfers for her own benefit. She further admitted that on July 18, 2014, she transferred $55,000.00 from a private individual’s account and $60,000.00 from the To’hajilee Community School Board account without authorization and for her own purposes with the intent to defraud.
This case was investigated by the Albuquerque office of the FBI and the Office of Inspector General of the Federal Deposit Insurance Corporation, and was prosecuted by Assistant U.S. Attorney Jeremy Peña.
U.S. Requires Arizona and New Mexico Plant Owners to Reduce Emissions at Navajo Nation Four Corners Power PlantRead the Press Release
ALBUQUERQUE – Today, the U.S. Department of Justice and the Environmental Protection Agency (EPA) announced a federal Clean Air Act settlement with several Arizona and New Mexico-based utility companies to install pollution control technology to reduce harmful air pollution from the Four Corners Power Plant located on the Navajo Nation near Shiprock, N.M.
The settlement requires an estimated $160 million in upgrades to the plant’s sulfur dioxide (SO2) and nitrogen oxide (NOx) pollution controls. The settlement also requires $6.7 million to be spent on three health and environmental mitigation projects for tribal members and payment of a $1.5 million civil penalty. EPA expects that the actions required by the settlement will reduce harmful emissions by approximately 5,540 tons per year.
“This settlement is a significant achievement for air quality and the health of the people of the Navajo Nation and the surrounding region,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “The agreement will require stringent pollution controls as well as public health and environmental projects that will have lasting benefits for the Navajo people. It is also a reflection of how serious we are about addressing environmental justice issues in Indian country.”
“All power plants should be using the latest air pollution control technology,” said Assistant Administrator Cynthia Giles for EPA’s Office of Enforcement and Compliance Assurance. “The law requires companies to protect clean air, and those living nearby – like Navajo communities – expect it. In addition to installing pollution controls, Arizona Public Service will also take the responsible steps to protect the health of those living near the Four Corners plant, which is one of the largest sources of harmful pollution in the country.”
“This settlement will reduce pollution from the Four Corners Power Plant for years to come, and requires the Plant's owners to fund significant health and environmental projects that will further benefit the Navajo Nation and other communities impacted by the Plant,” said U.S. Attorney Damon P. Martinez for the District of New Mexico. “We also applaud the efforts of the citizen groups and other co-plaintiffs who helped represent the interests of the Navajo people and the environment so well, and who contributed significantly to obtaining such a fine result for the Four Corners Region.”
Arizona Public Service Company (APS) is the operator and primary owner of the Four Corners Plant. El Paso Electric Company, Public Service Company of New Mexico, Salt River Project Agricultural Improvement and Power District and Tucson Electric Power Company are current co-owners of the plant and Southern California Edison Company is a former co-owner of the plant. The settlement resolves claims that the companies violated the New Source Review provisions of the federal Clean Air Act by unlawfully modifying the Four Corners Power Plant without obtaining required permits or installing and operating the best available air pollution control technology.
The pollution controls for NOx required by the settlement improve the Selective Catalytic Reduction controls for the Four Corners Power Plant finalized by EPA in 2012 under the Clean Air Act’s regional haze program. The current controls for SO2 will be upgraded to increase their efficiency. These additional upgrades will reduce SO2 emissions by approximately 4,653 tons per year and NOx emissions by approximately 887 tons per year.
The settlement requires $6.7 million of mitigation funds to be spent on three types of projects, including cleaner heating systems, weatherization and a Health Care trust fund. Southern California Edison will spend approximately $3.2 million on a project to replace or retrofit local residents’ inefficient, higher-polluting wood-burning or coal-burning appliances with cleaner-burning, more energy-efficient heating systems. In addition, APS and the other current co-owners will spend approximately $1.5 million for weatherization projects for local homes to reduce energy use. Examples include the installation of floor, wall and attic insulation; sealing of windows and doors; duct sealing; passive solar retrofits; and testing and repair of combustion appliances.
Finally, APS and the other current co-owners will spend $2 million to establish a Health Care Project trust fund. The Health Care Project trust will pay for certain medical expenses for people living on the Navajo Nation, near the Four Corners Power Plant, who require respiratory health care. The funds may be used to pay for complete medical examinations, tests, review of current medications, prescriptions, oxygen tanks and other medical equipment. The funds may also be used to pay for transportation to and from the hospital or doctors’ offices.
SO2 and NOx, two predominant pollutants emitted from power plants, have numerous adverse effects on human health and are significant contributors to acid rain, smog and haze. These pollutants form particulates that can cause severe respiratory and cardiovascular impacts and premature death.
This settlement is part of EPA’s national enforcement initiative to control harmful emissions from large sources of pollution, which includes coal-fired power plants, under the Clean Air Act’s Prevention of Significant Deterioration requirements. The total combined SO2 and NOx emission reductions secured from all these settlements will exceed 2 million tons each year, once all the required pollution controls are installed and implemented.
Citizen groups including Diń́é Citizens Against Ruining Our Environment, To’ Nizhoni Ani and National Parks Conservation Association are co-plaintiffs to the settlement and will simultaneously be resolving their own currently pending lawsuit against the companies.
The settlement was lodged with the U.S. District Court for New Mexico and is subject to a 30-day public comment period and final court approval. The proposed consent decree can be viewed at www.justice.gov/enrd/consent-decrees.
More information about EPA’s enforcement initiative: http://www.epa.gov/compliance/data/planning/initiatives/2011airpollution.html
U.S. Requires Arizona and New Mexico Plant Owners to Reduce Emissions at Navajo Nation Four Corners Power PlantRead the Press Release
Today, the U.S. Department of Justice and the Environmental Protection Agency (EPA) announced a federal Clean Air Act settlement with several Arizona and New Mexico-based utility companies to install pollution control technology to reduce harmful air pollution from the Four Corners Power Plant located on the Navajo Nation near Shiprock, New Mexico.
The settlement requires an estimated $160 million in upgrades to the plant’s sulfur dioxide (SO2) and nitrogen oxide (NOx) pollution controls. The settlement also requires $6.7 million to be spent on three health and environmental mitigation projects for tribal members and payment of a $1.5 million civil penalty. EPA expects that the actions required by the settlement will reduce harmful emissions by approximately 5,540 tons per year.
“This settlement is a significant achievement for air quality and the health of the people of the Navajo Nation and the surrounding region,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “The agreement will require stringent pollution controls as well as public health and environmental projects that will have lasting benefits for the Navajo people. It is also a reflection of how serious we are about addressing environmental justice issues in Indian country.”
“All power plants should be using the latest air pollution control technology,” said Assistant Administrator Cynthia Giles for EPA’s Office of Enforcement and Compliance Assurance. “The law requires companies to protect clean air, and those living nearby – like Navajo communities – expect it. In addition to installing pollution controls, Arizona Public Service will also take the responsible steps to protect the health of those living near the Four Corners plant, which is one of the largest sources of harmful pollution in the country.”
“This settlement will reduce pollution from the Four Corners Power Plant for years to come, and requires the Plant's owners to fund significant health and environmental projects that will further benefit the Navajo Nation and other communities impacted by the Plant,” said U.S. Attorney Damon P. Martinez for the District of New Mexico. “We also applaud the efforts of the citizen groups and other co-plaintiffs who helped represent the interests of the Navajo people and the environment so well, and who contributed significantly to obtaining such a fine result for the Four Corners Region.”
Arizona Public Service Company (APS) is the operator and primary owner of the Four Corners Plant. El Paso Electric Company, Public Service Company of New Mexico, Salt River Project Agricultural Improvement and Power District and Tucson Electric Power Company are current co-owners of the plant and Southern California Edison Company is a former co-owner of the plant. The settlement resolves claims that the companies violated the New Source Review provisions of the federal Clean Air Act by unlawfully modifying the Four Corners Power Plant without obtaining required permits or installing and operating the best available air pollution control technology.
The pollution controls for NOx required by the settlement improve the Selective Catalytic Reduction controls for the Four Corners Power Plant finalized by EPA in 2012 under the Clean Air Act’s regional haze program. The current controls for SO2 will be upgraded to increase their efficiency. These additional upgrades will reduce SO2 emissions by approximately 4,653 tons per year and NOx emissions by approximately 887 tons per year.
The settlement requires $6.7 million of mitigation funds to be spent on three types of projects, including cleaner heating systems, weatherization and a Health Care trust fund. Southern California Edison will spend approximately $3.2 million on a project to replace or retrofit local residents’ inefficient, higher-polluting wood-burning or coal-burning appliances with cleaner-burning, more energy-efficient heating systems. In addition, APS and the other current co-owners will spend approximately $1.5 million for weatherization projects for local homes to reduce energy use. Examples include the installation of floor, wall and attic insulation; sealing of windows and doors; duct sealing; passive solar retrofits; and testing and repair of combustion appliances.
Finally, APS and the other current co-owners will spend $2 million to establish a Health Care Project trust fund. The Health Care Project trust will pay for certain medical expenses for people living on the Navajo Nation, near the Four Corners Power Plant, who require respiratory health care. The funds may be used to pay for complete medical examinations, tests, review of current medications, prescriptions, oxygen tanks and other medical equipment. The funds may also be used to pay for transportation to and from the hospital or doctors’ offices.
SO2 and NOx, two predominant pollutants emitted from power plants, have numerous adverse effects on human health and are significant contributors to acid rain, smog and haze. These pollutants form particulates that can cause severe respiratory and cardiovascular impacts and premature death.
This settlement is part of EPA’s national enforcement initiative to control harmful emissions from large sources of pollution, which includes coal-fired power plants, under the Clean Air Act’s Prevention of Significant Deterioration requirements. The total combined SO2 and NOx emission reductions secured from all these settlements will exceed 2 million tons each year, once all the required pollution controls are installed and implemented.
Citizen groups including Diń́é Citizens Against Ruining Our Environment, To’ Nizhoni Ani and National Parks Conservation Association are co-plaintiffs to the settlement and will simultaneously be resolving their own currently pending lawsuit against the companies.
The settlement was lodged with the U.S. District Court for New Mexico and is subject to a 30-day public comment period and final court approval. The proposed consent decree can be viewed at www.justice.gov/enrd/consent-decrees.
More information about EPA’s enforcement initiative: http://www.epa.gov/compliance/data/planning/initiatives/2011airpollution.html
Roswell Man Sentenced for Federal Narcotics Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Simon Nicholas Sais, 45, of Roswell, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 120 months in federal prison for his methamphetamine and cocaine trafficking convictions. Sais will be on supervised release for five years after completing his prison sentence.
Sais was arrested on Oct. 22, 2014, on a criminal complaint charging him with distribution of methamphetamine and cocaine. According to the complaint, between June 2013 and Aug. 2013, Sais sold approximately 359.4 grams of pure methamphetamine and approximately 43.5 grams of cocaine to an undercover agent working with the Lea County Drug Task Force (LCDTF) in Roswell and Hobbs, N.M. Sais subsequently was charged on Jan. 14, 2015, in a six-count indictment charging him with distributing methamphetamine on five occasions between June 2013 and Aug. 2013, and distributing cocaine in June 2013.
On Feb. 24, 2015, Sais pled guilty to the indictment, admitting that between June 26 and Aug. 13, 2013, he distributed methamphetamine and cocaine throughout Lea County and Chaves County, N.M. Sais pled guilty without the benefit of a plea agreement.
The conviction in this case was the result of an investigation by the Roswell office of the FBI and the Lea County Drug Task Force. The case was prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Mexican National Arrested in New Mexico on Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Gilberto Galvan-Gonzalez, 37, a Mexican national illegally in the United States, made his initial appearance today in federal court in Las Cruces, N.M., on a criminal complaint charging him with possession of methamphetamine with intent to distribute. Galvan-Gonzalez remains in federal custody pending a preliminary hearing and a detention hearing which have yet to be scheduled.
Galvan-Gonzalez was arrested yesterday after U.S. Border Patrol (USBP) agents allegedly located him entering the United States near Santa Teresa, N.M., while carrying approximately 3.16 pounds of methamphetamine concealed inside his backpack. According to the criminal complaint, Galvan-Gonzalez allegedly was paid $1,500.00 to carry the methamphetamine from Mexico to the United States.
If convicted on the charge in the criminal complaint, Galvan-Gonzalez faces a statutory mandatory minimum of ten years and a maximum of life imprisonment, and will be deported following his incarceration. Charges in criminal complaints are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Santa Teresa Station of the U.S. Border Patrol and the Las Cruces office of the DEA and is being prosecuted by Assistant U.S. Attorney Mark Saltman of the U.S. Attorney’s Las Cruces Branch Office.
Albuquerque Woman Sentenced for Participating in Scheme to Smuggle Drugs into Otero County PrisonRead the Press Release
ALBUQUERQUE – Ana Lopez, 25, of Albuquerque, N.M., was sentenced today in federal court in Las Cruces, N.M., to 30 months in prison followed by two years of supervised release for her conviction on conspiracy to distribute methamphetamine and heroin.
Lopez was one of six individuals charged in April 2014, in a criminal complaint with conspiracy to violate the federal narcotics laws by smuggling controlled substances into the Otero County Prison Facility (OCPF) in Chaparral, N.M. The other defendants charged with participating in the conspiracy were Luis Delgadillo, 38, of El Paso, Texas, who was then employed as a corrections officer at OCPF, Nancy Salas, 36, of Alamogordo, N.M., and three OCPF inmates, Eric Lovato, 31, of Boles Acres, N.M., and Armando Lopez, 28, and Gary Borja, 27, both of Albuquerque. All six defendants subsequently were indicted on Aug. 20, 2014, and charged with conspiracy to distribute methamphetamine and heroin charge on Aug. 20, 2014. At the time the crimes were committed, Delgadillo was a corrections officer at the OCPF.
The FBI initiated an investigation into the case in Jan. 2014, after receiving information from the New Mexico Corrections Department showing that Delgadillo was smuggling heroin and methamphetamine into the OCPF. The investigation, which included a review of recorded inmate telephone calls and OCPF surveillance video, physical surveillance and the results of inmate drug testing, identified the six defendants as members of a conspiracy who smuggled narcotics into the OCPF between Jan. 2014 and April 2014.
Ana Lopez pled guilty on Aug. 25, 2014. In her plea agreement, Ana Lopez admitted participating in a conspiracy to smuggle drugs into the OCPF. The plea agreement states that Ana Lopez was recruited to help smuggle drugs into the prison in Jan. 2014. Ana Lopez admitted delivering an ounce of heroin in Feb. 2014 and again in March 2014, to a person knowing that the person would give it to a corrections officer who would smuggle the heroin into the prison. Ana Lopez also admitted that on April 26, 2014, she met with the corrections officer and gave him 25 grams of methamphetamine, 11 grams of heroin and 10 suboxone pills so he could smuggle the drugs into the prison.
Lopez’s five co-defendants have entered guilty pleas to the indictment. Sentencing hearings have yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the New Mexico Corrections Department and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
Albuquerque Man Pleads Guilty in New Mexico to Violating Federal Narcotics Trafficking LawsRead the Press Release
ALBUQUERQUE – Luis Juan Contreras-Cano, 20, of Albuquerque, N.M., pleaded guilty today in federal court in to a methamphetamine trafficking charge. Under the terms of his plea agreement, Contreras-Cano will be sentenced to 97 months in federal prison followed by a term of supervised release to be determined by the court.
Contreras-Cano and his co-defendant Carlos Davenport, 41, of El Paso, Texas, were arrested on Dec. 13, 2014, in Bernalillo County, N.M., after law enforcement officers executed a consensual search on the vehicle in which Contreras-Cano and Davenport were traveling and found ten pounds of methamphetamine. Contreras-Cano and Davenport were subsequently indicted on Jan. 8, 2015, and charged with conspiracy to possess methamphetamine with intent to distribute, possession of methamphetamine with intent to distribute on Dec. 13, 2014, and using and carrying firearms in relation to a drug trafficking crime on Dec. 13, 2014. All offenses took place in Bernalillo County.
During today’s proceedings, Contreras-Cano pled guilty to a felony information charging him with conspiracy to distribute methamphetamine. In entering the guilty plea, Contreras-Cano admitted that while driving through Bernalillo County on Dec. 13, 2014, he and Davenport were stopped by Albuquerque Police officers who found ten pounds of methamphetamine, two firearms and ammunition during a consensual search of their vehicle. Contreras-Cano further admitted that he and Davenport had acquired to the methamphetamine in Phoenix, Ariz., and were planning to redistribute the methamphetamine.
On June 17, 2015, Davenport pled guilty to Counts 1 and 3 of the indictment charging him with conspiracy to distribute methamphetamine and using and carrying a firearm in relation to a drug trafficking crime. Under the terms of his plea agreement, Davenport will be sentenced to 15 years in federal prison followed by a term of supervised release to be determined by the court.
Contreras-Cano and Davenport have been in federal custody since they were arrested. They remain detained pending their sentencing hearings, which have not been scheduled.
This case was investigated by the Albuquerque offices of the FBI and Homeland Security Investigations (HSI) and the Albuquerque Police Department. Assistant U.S. Attorneys James R.W. Braun and Joel R. Meyers are prosecuting the case.
Shiprock Man Sentenced for Federal Misdemeanor Assault ConvictionRead the Press Release
ALBUQUERQUE – James Sorrelhorse, Jr., 26, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Albuquerque, N.M., to time served (131 days) followed by two years of probation for his misdemeanor assault conviction.
Sorrelhorse was arrested on Feb. 17, 2015, on a criminal complaint charging him with stabbing another Navajo man on Nov. 20, 2011, in Shiprock, on the Navajo Indian Reservation in San Juan County, N.M.
On April 17, 2015, Sorrelhorse entered a guilty plea to a misdemeanor information charging him with assault by striking. In entering his guilty plea, Sorrelhorse admitted that on Nov. 20, 2011, he grabbed and assaulted the victim by striking him on the face and head.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Linda Mott.
Portales Man Sentenced to Ten Years for Federal Narcotics Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Brandon William Wood, 36, of Portales, N.M., was sentenced today in federal court in Las Cruces, N.M., to ten years in prison for his methamphetamine trafficking and firearms conviction. Wood will be on supervised release for three years after completing his prison sentence.
Wood and co-defendant, Justin Thomas Shipley, 30, also of Portales, N.M., were arrested on April 24, 2014, in Otero County, N.M., on a criminal complaint charging them with methamphetamine trafficking charges. They subsequently were indicted on methamphetamine trafficking and firearms charges in a six-count indictment filed on July 16, 2014.
The indictment alleged that in April 2014, in Otero County, Shipley and Wood participated in a conspiracy to distribute large quantities of methamphetamine, and also charged the two men with possession of methamphetamine with intent to distribute. The indictment further charged Wood and Shipley with using and carrying firearms in relation to a drug trafficking crime and Wood with being a felon in possession of firearms and ammunition.
In July 2014, Wood was prohibited from possessing firearms and ammunition because he had been convicted of several felony offenses, including conspiracy to sell controlled substances, manufacturing, sale and possession of controlled substances, conspiracy to cultivate marijuana, and driving while intoxicated.
On April 1, 2015, Wood pled guilty to a four-count felony information charging him with participation in a methamphetamine trafficking conspiracy, possession of methamphetamine with intent to distribute, using and carrying a firearm in relation to a drug trafficking crime, and being a felon in possession of a firearm and ammunition. In entering his guilty plea, Wood admitted that beginning on April 18, 2014, he conspired with his co-defendant to acquire 80 grams of methamphetamine which they intended to distribute in Portales. Wood and his co-conspirator were transporting the drugs from Arizona to Portales on April 24, 2014, when they were arrested at the U.S. Border Patrol checkpoint near Alamogordo, N.M., after Border Patrol agents found 80 grams of methamphetamine, a hand gun, a shotgun and ammunition in their vehicle during a routine vehicle inspection. Wood admitted to having a gun and ammunition because he was transporting methamphetamine even though he knew that he was not allowed to possess the firearms and ammunition because he had been convicted of at least four felonies.
On Dec. 12, 2014, Shipley also pled guilty to a felony information charging him with participation in a methamphetamine trafficking conspiracy, distribution of methamphetamine; and using and carrying a firearm in relation to a drug trafficking crime. Shipley has been in federal custody since his arrest. He remains detained pending his sentencing hearing, which is currently scheduled for July 2015.
This case was investigated by the Las Cruces office of the DEA and the Alamogordo Station of the U.S. Border Patrol. Assistant U.S. Attorney Anna Wright of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Former Belen Police Department Detective Sentenced for Using Excessive Force Against ArresteeRead the Press Release
ALBUQUERQUE – John Lytle, 42, a former detective with the Belen Police Department in Belen, N.M., was sentenced today in federal court for violating an arrestee’s civil rights by assaulting him during the course of an investigative stop and arrest.
Lytle was sentenced to five years of probation. As part of his plea agreement, Lytle is precluded from working or seeking future employment as a law enforcement officer in any capacity. He also must forfeit his law enforcement certification.
During his guilty plea in April 2014, Lytle admitted that on March 15, 2012, while working in his capacity as a Belen Police Department detective, he repeatedly struck the victim, identified by the initials R.A., who was handcuffed and compliant during the entire course of the investigative stop. Lytle further admitted that, at one point during the stop, he pulled the handcuffed victim from the back of a police squad car, threw him to the ground, and struck him again. The victim suffered injuries to his face and torso as a result of Lytle’s assault.
The conviction in this case resulted from the investigative work of the Albuquerque Division of the FBI. It was prosecuted by Assistant U.S. Attorney for the District of New Mexico Holland S. Kastrin and Trial Attorney Julia Gegenheimer of the Civil Rights Division of the Department of Justice.
Carlsbad Man Sentenced to Federal Prison for Unlawful Possession of Firearms and AmmunitionRead the Press Release
ALBUQUERQUE – Larry Allen Jennings, 50, of Carlsbad, N.M., was sentenced today in federal court in Las Cruces, N.M., to 46 months in prison followed by two years of supervised release for being a felon in possession of firearms and ammunition.
Jennings was arrested on April 17, 2014, on a criminal complaint alleging that he unlawfully possessed drug paraphernalia, firearms and ammunition on Jan. 17, 2014, in Eddy County, N.M. Jennings subsequently was indicted on July 16, 2014, and charged with unlawfully possessing ten firearms and approximately 1,177rounds of ammunition. At the time, Jennings was prohibited from possessing firearms or ammunition because he previously had been convicted of aggravated driving under the influence of alcohol and drugs, aggravated assault, and bribery of a witness.
On Oct. 23, 2014, Jennings entered a guilty plea to the indictment without the benefit of a plea agreement.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pecos Valley Drug Task Force. The case was prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Navajo Man Pleads Guilty to Federal Involuntary Manslaughter and Assault ChargesRead the Press Release
ALBUQUERQUE – Joshua Rakestraw, 24, an enrolled member of the Navajo Nation who resides in Farmington, N.M., pled guilty on Friday in federal court in Albuquerque, N.M., to involuntary manslaughter and assault charges. Under the terms of his plea agreement, Rakestraw will be sentenced to 48 months in prison followed by up to three years of supervised release.
Rakestraw was arrested on Nov. 3, 2014, on a criminal complaint charging him with killing a Navajo woman and assaulting a Navajo man, causing him to suffer serious bodily injury, on Oct. 28, 2014. The complaint alleged that Rakestraw committed these crimes while under the influence of alcohol in Indian Country in San Juan County, N.M. According to court filings, Rakestraw killed one victim and seriously injured the other victim by running over them with his vehicle at Morgan Lake, south of Kirtland, N.M. At the time, Rakestraw was under the influence of alcohol.
During his change of plea hearing, Rakestraw pled guilty to a felony information charging him with involuntary manslaughter and assault resulting in serious bodily injury. In entering the guilty plea, Rakestraw admitted that on Oct. 28, 2014, at Morgan Lake he drove his truck forward, striking both victims as he drove his truck over them. One of the victims died and the other victim suffered several injuries including a dislocated hip and a broken rib.
Rakestraw has been in federal custody since his arrest and remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Shammara Henderson is prosecuting the case.
Colorado Man Sentenced in New Mexico for Robbing Wells Fargo Bank in Farmington in September 2012 and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Robert O’Dell Neihart, 44, of Ignacio, Colo., was sentenced this afternoon in federal court in Las Cruces, N.M., to 148 months in prison for the armed robbery of a Wells Fargo Bank branch located in in Farmington, N.M. Neihart will be on supervised release for three years after completing his prison sentence.
Neihart was arrested in Nov. 2012, on a two-count indictment charging him with the armed robbery of the Wells Fargo Bank branch located on East Main Street in Farmington on Sept. 21, 2012, and using a firearm during a crime of violence. Count 1 of the indictment also charged co-defendant Denise Myrick, 45, also of Ignacio, Colo., with aiding and abetting Neihart in robbing the bank. Prosecution of the case against Neihart was delayed by competency proceedings.
On Feb. 20, 2015, Neihart pled guilty to both counts of the indictment, and admitted that on Sept. 21, 2012, he robbed the bank by approaching a teller and handing her a two-page letter demanding money. Neihart further admitted that he had a pistol in his possession at the time of the robbery, which he later used to shoot at police vehicles that pursued him after the bank robbery. Neihart was arrested at his Colorado residence later that day by the officers who were in pursuit.
Myrick pled guilty on Dec. 4, 2013, to a misdemeanor information charging her with aiding and abetting a bank robbery. In entering her guilty plea, Myrick admitted driving Neihart to the bank and assisting him in his attempted escape. She was sentenced on Mar. 4, 2014, to three years of probation.
This case was investigated by the Albuquerque and Farmington offices of the FBI, the Farmington Police Department, San Juan County Sheriff’s Office and the La Plata County (Colorado) Sheriff’s Department. The case was prosecuted by Assistant U.S. Attorney William J. Pflugrath.
***media Advisory***Read the Press Release
ALBUQUERQUE – James D. Ginger, Ph.D., the court-appointed independent monitor overseeing the reform process of the Albuquerque Police Department, will hold a press conference to introduce the members of the monitoring team and discuss the role of the Independent Monitor. Dr. Ginger will be joined by U.S. Attorney Damon P. Martinez, Albuquerque Mayor Richard M. Berry, City Councilor Trudy Jones, Albuquerque Police Chief Gorden Eden, Jr., Albuquerque City Attorney Jessica M. Hernandez and President Stephanie Lopez of the Albuquerque Police Officers’ Association. The press conference will be held TOMORROW, JUNE 23, 2015 AT 10:00 A.M. at the U.S. Attorney’s Office. No further information will be released until the press conference.
WHO: James D. Ginger, Ph.D., Court-Appointed Independent Monitor
U.S. Attorney Damon P. Martinez
Albuquerque Mayor Richard M. Berry
Albuquerque City Councilor Trudy Jones
Albuquerque Police Chief Gorden Eden, Jr.
Albuquerque City Attorney Jessica M. Hernandez
President Stephanie Lopez, Albuquerque Police Officers’ Association
WHAT: Press conference to introduce monitoring team for reform process of
Albuquerque Police Department
WHEN: TUESDAY, JUNE 23, 2015, 10:00 A.M.
WHERE: U.S. Attorney’s Office
10th Floor Multi-Media Room (Reception on 9th Floor)
201 Third Street NW
Albuquerque, NM 87102
OPEN PRESS
NOTE: All media must present government-issued photo ID (such as driver’s license) as well as valid media credentials. Media may begin to arrive at 9:45 a.m. Inquiries regarding logistics should be directed to Alyssa Ferda at 505-224-1480 or [email protected].
San Miguel County Man Sentenced to 92 Months for Trafficking Narcotics in Lea and Bernalillo CountiesRead the Press Release
ALBUQUERQUE – Ruben Estrada, 54, of Las Vegas N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 92 months in federal prison followed by five years of supervised release for his conviction on conspiracy and cocaine trafficking charges.
Estrada was one of six defendants charged as the result of an investigation primarily targeting a drug trafficking organization operating in Lea County, N.M., that allegedly was led by co-defendant Leroy Castillo, 33, of Hobbs, N.M. The investigation, which was led by the FBI and Lea County Drug Task Force (LCDTF) with assistance from the DEA and New Mexico State Police, was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Estrada was arrested on May 1, 2014, on a criminal complaint charging him, Castillo and four other defendants with conspiracy to violate the federal narcotics laws and possession of cocaine and heroin with intent to distribute. According to the criminal complaint, Estrada, Castillo, Joe Padilla, 33, Sergio Garza, 35, both of Hobbs, N.M., Richard Armijo-Romero, 23, of Las Vegas, N.M., and Charlie Gutierrez, 35, of Albuquerque, N.M., committed these offenses in Lea and Bernalillo Counties, N.M., between late April 2014 and early May 2014. Armijo-Romero and Gutierrez were arrested with Estrada on May 1, 2014, Garza was arrested in Hobbs on May 1, 2014, and Padilla was arrested on Feb. 19, 2015. Castillo has not yet been arrested and is considered a fugitive.
The criminal complaint outlines an investigation revealing that the defendants participated in a conspiracy to transport narcotics from Arizona to New Mexico and planned to distribute the narcotics in Lea and Bernalillo Counties.
Estrada, Castillo and their co-defendants subsequently were indicted in May 2014. Count 1 of the seven-count indictment charged all six defendants with participating in a cocaine trafficking conspiracy in Lea County in late April and early May 2014. Count 2 charged the six men with participating in a conspiracy to distribute cocaine in Bernalillo County, N.M., on May 1, 2014. Counts 3 and 4 charged Castillo with possession of cocaine and heroin with intent to distribute on May 1, 2014 in Lea County, and Counts 5 and 6 charged Garza with possession of cocaine with intent to distribute on May 1, 2014. Count 7 charged Garza with using and carrying a firearm in relation to a drug trafficking crime.
On March 11, 2015, Estrada pled guilty to a felony information charging him with participating in a cocaine trafficking conspiracy and possession of cocaine with intent to distribute. Estrada admitted having approximately eight kilograms of cocaine in his possession when he was arrested on May 1, 2014. Estrada also admitted that he violated the conditions of his supervised release from a prior cocaine trafficking conviction in 2006 by committing the crimes to which he is pleading guilty and by traveling to Arizona without the permission of his probation officer.
Garza, Armijo-Romero, Padilla and Gutierrez have entered guilty pleas and are pending sentencing. Castillo, who has yet to be arrested, is considered a fugitive. Individuals with information regarding the whereabouts of Castillo are asked to call the FBI at 505-622-6001. Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces, Roswell and Albuquerque offices of the FBI and the LCDTF, with assistance from the Las Cruces office of the DEA, the New Mexico State Police and the Phoenix Police Department. The case is being prosecuted by Assistant U.S. Attorneys Terri L. Abernathy and Shaheen P. Torgoley.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Roswell Man Pleads Guilty to Fleeing from Border Patrol CheckpointRead the Press Release
ALBUQUERQUE – Vincent Edward Romero, 18, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to a felony information charging him with fleeing from a U.S. Border Patrol Checkpoint at a high rate of speed. The guilty plea was entered without the benefit of a plea agreement.
Romero was arrested on March 3, 2015, during a routine inspection at the U.S. Border Patrol Checkpoint on U.S. Highway 54 in Otero County, N.M. According to the criminal complaint, after Romero entered the checkpoint, Border Patrol agents directed him to a secondary inspection area. Romero disregarded agents’ directions and drove away from the checkpoint, leading agents in a high speed pursuit.
At sentencing, Romero faces a statutory maximum penalty of five years in federal prison. Romero’s sentencing hearing has yet to be scheduled.
This case was investigated by the Alamogordo office of the U.S. Border Patrol and is being prosecuted by Assistant U.S. Attorney Amanda Gould of the U.S. Attorney’s Las Cruces Branch Office.
Member of Pima Salt River Tribe Pleads Guilty in New Mexico to Federal Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Patrick Watuema, 55, an enrolled member of the Pima Salt River Tribe in Ariz., pleaded guilty this morning to a felony information charging him with aggravated sexual abuse. Under the terms of his plea agreement, Watuema will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court. Watuema also will be required to register as a sex offender.
Watuema was arrested on May 5, 2014, on a criminal complaint alleging that he engaged in a sexual act with a child who had not attained the age of 12 years. Watuema subsequently was indicted on May 21, 2014, on an aggravated sexual abuse charge. According to court filings, Watuema sexually assaulted a six-year-old Navajo child on April 30, 2014, in To’hajiilee, N.M., which is located in the Navajo Indian Reservation.
In entering his guilty plea, Watuema admitted sexually assaulting the six-year-old child victim on April 30, 2014. He also admitted to having unlawful sexual contact with the child victim on other occasions. Watuema acknowledged that the victim was under the age of 12 years at the time he committed the offense.
Watuema has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque Office of the FBI with assistance from Albuquerque Sexual Assault Nurse Examiners (SANE) at the University of New Mexico Hospital, and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Dulce, N.M., Man Pleads Guilty to Failing to Update his Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – McQuade Quintana, 28, of Dulce, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to violating the Sex Offender Registration and Notification Act (SORNA). The guilty plea was announced by U.S. Attorney Damon P. Martinez and U.S. Marshall Conrad E. Candelaria.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Quintana was arrested on Nov. 25, 2014, on a criminal complaint charging him with violating SORNA by failing to update his sex offender registration. On Dec. 16, 2014, Quintana was indicted for failing to update his registration between Oct. 10, 2014 and Nov. 25, 2014, in Bernalillo County, N.M.
According to court filings, Quintana was convicted of aggravated sexual abuse of a child in Jan. 2006. On Sept 30, 2010, Quintana registered as a sex offender in Bernalillo County and agreed to notify the sheriff of the county to which he moved if he relocated outside of the county. Quintana last registered as a sex offender on March 16, 2011, in Rio Arriba County, and subsequently failed to notify the New Mexico Department of Public Safety or the Bernalillo County Sheriff’s Office that he had moved or to update his sex offender registration as required by SORNA.
Today, Quintana pled guilty to a felony information and admitted that between Oct. 10, 2014 and Nov. 25, 2014, he failed to register as a sex offender in Bernalillo County. Quintana also admitted that on Sept. 5, 2014, he was approved to reside at a residential reentry program in Albuquerque by the U.S. Probation Office and that he left the program without permission on Oct. 10, 2014.
At sentencing, Quintana faces a statutory maximum of ten years in federal prison followed by not less than three years of supervised release. Quintana will also be required to register as a sex offender following his term of incarceration.
This case was investigated by the U.S. Marshals Service and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Crownpoint Man Sentenced to Prison for Federal Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Tomson Largo, 26, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to 90 months in prison followed by a lifetime of supervised release for his sexual abuse conviction. Largo will be required to register as a sex offender after his term of incarceration
Largo was arrested on Oct. 29, 2014, on a three-count indictment charging him with attempted aggravated sexual abuse, aggravated sexual abuse, and abusive sexual contact. The indictment alleged that Largo committed the offenses on multiple occasions between July 2011 and March 2014, in McKinley County, N.M., within the Navajo Indian Reservation.
On March 17, 2015, Largo pled guilty to all three counts of the indictment. In entering his guilty plea, Largo admitted that between July 1, 2011 and Aug. 31, 2011, he attempted to sexually abuse the victim, an Indian woman, while she was sleeping with her two children. He further admitted that in Dec. 2011, he used force to sexually assault the victim, and in March 2014, he assaulted the victim by shoving his hands down her pants and touching her between the legs. Largo admitted committing each of the three crimes at a residence in Crownpoint.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and the Gallup office of the FBI and was prosecuted by Assistant U.S. Attorney Kristopher N. Houghton.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Utah Man Sentenced to Prison for Soliciting Gifts and Property Under False PretensesRead the Press Release
ALBUQUERQUE – Michael Vernon Rupert, 44, of Cedar City, Utah, was sentenced this morning in federal court in Las Cruces, N.M., to a year and a day in prison for soliciting gifts and property under false pretenses. Rupert will be on supervised release for three years after completing his prison sentence. He also was ordered to pay $6,884.63 in restitution to the victims of his crimes.
Rupert, a former U.S. Army Sergeant was arrested on a criminal complaint in Utah on Oct. 11, 2013, and was transferred to Las Cruces federal court to answer the charges on Nov. 12, 2013. According to the criminal complaint, Homeland Securities Investigations (HSI) initiated an investigation into Rupert in Nov. 2012, after receiving information that Rupert was soliciting military and law enforcement type clothing and shooting gear from manufacturers by falsely claiming to be a U.S. Army Command Sergeant Major stationed at White Sands Missile Base. During the solicitations, Rupert claimed the goods would be used for testing and evaluation by the U.S. Army and implied that the Army would purchase large quantities of the manufacturers’ products depending on testing and evaluation, and his recommendation. HSI’s investigation revealed that Rupert solicited merchandise valued at approximately $35,000.00 from 37 manufacturers and distributors between July 2012 and May 2013. Although Rupert relocated from Hondo, N.M., to Alton, Utah, in Oct. 2012, he unlawfully solicited approximately $32,000.00 of merchandise before moving to Utah.
The criminal complaint further alleges that Rupert continued his unlawful solicitation scheme when he moved to Utah, and that an investigation by Utah state authorities led to the discovery of three more manufacturers and distributors from whom Rupert unlawfully solicited merchandise. In Oct. 2013, Utah authorities searched a trailer Rupert was towing as he was in the process of moving to Missouri and found merchandise sent to him by a number of the manufacturers who had responded to Rupert’s solicitations.
On Jan. 15, 2014, Rupert was indicted on three counts of unlawful solicitation and use of gifts. According to the indictment in July 2012, Rupert solicited gifts and property from three companies by falsely claiming that they were for use by the U.S. Army. At the time of the offenses charged in the indictment, Rupert was residing in Hondo.
On Feb. 21, 2014, Rupert pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the Las Cruces office of HSI with assistance from the Kane County (Utah) Sheriff’s Department, and was prosecuted by Assistant U.S. Attorney Edwin Garreth Winstead, III, of the U.S. Attorney’s Las Cruces Branch Office.
Rio Rancho Man Pleads Guilty to Violating Federal Narcotics Trafficking and Firearms LawsRead the Press Release
ALBUQUERQUE – Christopher Mathuren, 38, of Rio Rancho, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to methamphetamine trafficking and firearms charges. Under the terms of his plea agreement, Mathuren will be sentenced to ten years in federal prison followed by not less than three years of supervised release.
The guilty plea was announced by U.S. Attorney Damon P. Martinez, 13th Judicial District Attorney Lemuel L. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Chief Michael Geier of the Rio Rancho Police Department.
Mathuren, whose prior criminal history includes convictions for possession of marijuana with intent to distribute, possession of methamphetamine, and possession of methamphetamine with intent to distribute, is prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Sandoval County, under this initiative.
Mathuren was arrested on Oct. 28, 2014, on a three-count indictment charging him with being a felon in possession of firearms and ammunition; possession of methamphetamine with intent to distribute; and using and carrying a firearm in furtherance of a drug trafficking crime. According to the indictment, Mathuren committed the three offenses on July 22, 2014, in Sandoval County, N.M. The indictment was superseded on Dec. 16, 2014, to add two additional charges of being a felon in possession of firearms and ammunition on Oct. 28, 2014 – the date on which Mathuren was arrested on the original indictment.
During today’s proceedings, Mathuren pled guilty to Counts 2 and 3 of the indictment. In entering the guilty plea, Mathuren admitted that on July 22, 2014, officers of the Rio Rancho Police Department executed a search warrant on his vehicle and seized approximately 30.3 grams of methamphetamine, drug paraphernalia, a pistol, rifle and ammunition. Mathuren further admitted that the rear stalk of the rifle had been shortened and the pistol had been reported stolen. Mathuren acknowledged that the firearms were “tools of the drug trafficking trade” and that he possessed them to assist him in his drug trafficking activities.
Mathuren previously was charged in July 2014, on related state charges. The state charges were dismissed in favor of federal prosecution after Mathuren was arrested on the federal charges in this case.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Rio Rancho Police Department with assistance from the 13th Judicial District Attorney’s Office. Assistant U.S. Attorney Rumaldo R. Armijo is prosecuting the case.
Jicarilla Apache Man Arraigned on Indictment Charging Him with Assaulting a Federally Commissioned Tribal OfficerRead the Press Release
ALBUQUERQUE – Lawrence Roybal, 53, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., was arraigned today in federal court in Albuquerque, N.M., on an indictment charging him with assaulting a federal officer. Roybal entered a not guilty plea to the indictment and was ordered detained pending trial which has yet to be scheduled.
Roybal was arrested in May 2015, on a criminal complaint charging him with assaulting an officer with a dangerous weapon. According to the criminal complaint, Roybal attacked a Jicarilla Apache Tribal Police Officer with a pitchfork on May 11, 2015, in Dulce, N.M., which is within the Jicarilla Apache Indian Reservation in Rio Arriba County, N.M. Roybal was subsequently indicted on June 9, 2015, and charged with assaulting a federal officer who was engaged in the performance of his official duties. The indictment alleges that the tribal officer was commissioned as a special federal officer by the BIA at the time of the assault.
If convicted of the crime charged in the indictment, Roybal faces a maximum penalty of 20 years in federal prison. Charges in complaints and indictments are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Farmington office of the FBI and the Jicarilla Apache Tribal Police Department. Assistant U.S. Attorney Raquel Ruiz-Velez is prosecuting the case.
El Paso Man Pleads Guilty in New Mexico to Violating Federal Narcotics Trafficking and Firearms LawsRead the Press Release
ALBUQUERQUE – Carlos Davenport, 41, of El Paso, Texas, pleaded guilty today in federal court in Albuquerque, N.M., to methamphetamine trafficking and firearms charges. Under the terms of his plea agreement, Davenport will be sentenced to 15 years in prison followed by a term of supervised release to be determined by the court.
Davenport and his co-defendant Luis Contreras, 20, of Albuquerque, were arrested on Dec. 13, 2014, in Bernalillo County, N.M., after law enforcement officers executed a consensual search on the vehicle in which Davenport and Contreras were traveling and found ten pounds of methamphetamine. Davenport and Contreras were subsequently indicted on Jan. 8, 2015, and charged with conspiracy to possess methamphetamine with intent to distribute, possession of methamphetamine with intent to distribute on Dec. 13, 2014, and using and carrying firearms in relation to a drug trafficking crime on Dec. 13, 2014. All offenses took place in Bernalillo County.
During today’s proceedings, Davenport pled guilty to Counts 1 and 3 of the indictment charging him with conspiracy to distribute methamphetamine and using and carrying a firearm in relation to a drug trafficking crime. In entering his guilty plea, Davenport admitted that on Dec. 13, 2014, while traveling eastbound on Interstate 40, a law enforcement officer conducted a traffic stop on his vehicle. He further admitted giving the officer consent to search the vehicle and that the officer found ten pounds of methamphetamine and two firearms during his search of the vehicle. Davenport acknowledged that he and his co-defendant intended to distribute the methamphetamine to others and had the firearms in the vehicle for protection related to the methamphetamine.
Davenport has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has not been scheduled.
Contreras has entered a not guilty plea to the indictment, and is currently scheduled for trial on Aug. 3, 2015. Charges in complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque offices of the FBI and Homeland Security Investigations (HSI) and the Albuquerque Police Department. Assistant U.S. Attorneys James R.W. Braun and Joel R. Meyers are prosecuting the case.
Albuquerque Man Charged with Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Marquis Pounds, 27, of Albuquerque, N.M., made his initial appearance in federal court this morning on a criminal complaint charging him with being a felon in possession of a firearm and ammunition. The federal charges were announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Chief Naithan Gurule of the Los Lunas Police Department, and Chief Gorden Eden, Jr., of the Albuquerque Police Department.
The criminal complaint alleges that Pounds unlawfully possessed a firearm and ammunition on June 5, 2015, in Bernalillo County, N.M. According to the criminal complaint, law enforcement officers executed search warrants on Pounds’ residence in northeast Albuquerque and seized a revolver and ammunition. Subsequent investigation revealed that revolver and ammunition had been reported stolen from a pawn shop in Los Lunas, N.M. According to court documents, in Pounds was prohibited from possessing firearms or ammunition because he previously had been convicted of receiving or transferring a stolen vehicle, possession of narcotics with intent to distribute, conspiracy to possess narcotics with intent to distribute, and embezzlement.
Pounds was arrested on June 5, 2015, on related state charges and remained in state custody until today when he was transferred to federal custody. The state charges against Pounds will be dismissed in favor of federal prosecution.
If convicted of the charge in the criminal complaint, Pounds faces a statutory maximum penalty of ten years in federal prison. If the court determines that Pounds is an armed career criminal, he faces an enhanced sentence of a mandatory minimum of 15 years in prison to a maximum of life imprisonment. Charges in criminal complaints are mere accusations. Defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Police Department and the Los Lunas Police Department with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney Presiliano A. Torrez is prosecuting the case.
This case is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo and Valencia Counties, under this initiative.
Acoma Pueblo Man Sentenced to Prison for Federal Sexual Assault ConvictionRead the Press Release
ALBUQUERQUE – Eric Chino, 33, a member and resident of Acoma Pueblo, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 36 months in federal prison followed by five years of supervised release for his abusive sexual contact conviction. Chino will also be required to register as a sex offender following his incarceration.
Chino was arrested on Nov. 26, 2014, on an indictment alleging that Chino sexually assaulted an Acoma Pueblo woman on June 24, 2012, in Acoma Pueblo within Cibola County, N.M.
On March 12, 2015, Chino pled guilty to a felony information charging him with abusive sexual contact. In entering the guilty plea Chino admitted engaging in and attempting to engage in sexual contact with the victim by force. He admitted forcefully touching the victim’s breast and genitals despite the victim’s demands that he stop.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department, and was prosecuted by Assistant U.S. Attorney David Adams.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Roswell Man Sentenced to Prison for Violating the Federal Firearms LawsRead the Press Release
ALBUQUERQUE –Brandon Warford, 32, of Roswell, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 37 months in prison followed by two years of supervised release for being a felon in possession of firearms.
Warford was arrested on federal charges on Aug. 5, 2014, in Roswell, N.M., under a criminal complaint charging him with being a felon in possession of firearms. According to the complaint, the Roswell Police Department (RPD) was notified by the Roswell Independent School District that Warford was carrying a firearm during a high school graduation ceremony. In response to questioning by the RPD, Warford admitted that he possessed a firearm during the graduation ceremony. At the time, Warford was prohibited from possessing firearms or ammunition because he previously had been convicted for being a felon in possession of a firearm in 2008 and burglary in 2002.
Warford was indicted on Oct. 16, 2014, and charged with being a felon in possession of a firearm and ammunition on May 24, 2014, in Chaves County, N.M. Warford pled guilty to the indictment on Jan. 7, 2015, without the benefit of a plea agreement.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco and Firearms and Explosives, the Roswell Police Department and the Roswell Independent School District. Assistant U.S. Attorney Maria Y. Armijo of the Las Cruces branch office of the U.S. Attorney’s Office prosecuted this case.
Mescalero Apache Man Pleads Guilty to Federal Voluntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Jerrick Blake, 22, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., pleaded guilty this morning in Las Cruces, N.M., to a voluntary manslaughter charge.
According to court filings, Blake killed the victim on the afternoon of Nov. 3, 2014, by stabbing him in the chest with a knife. The crime occurred during an argument between Blake and the victim on the Mescalero Apache Reservation in Otero County, N.M.
During today’s proceedings, Blake pled guilty to a felony information charging him with voluntary manslaughter. In entering his guilty plea, Blake admitted killing the victim by stabbing him in the chest during a sudden quarrel.
At sentencing, Blake faces a statutory maximum penalty of 15 years in prison followed by at least three years of supervised release. Blake has been in federal custody since his arrest and remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and the Mescalero Apache Tribal Police Department. Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Lead Defendant in Curry County Drug Trafficking Ring Sentenced 78 Months in Federal PrisonRead the Press Release
ALBUQUERQUE – Christopher Jason Kidd, 38, of Clovis, N.M., was sentenced today in Albuquerque, N.M., to 78 months in prison for his methamphetamine trafficking conviction. Kidd will be supervised release for five years after completing his prison sentence.
Kidd and his three co-defendants, Tina Tafoya, 33, and John Jesse Perez, Jr., 46, both of Clovis, N.M., and Jeannette Driever, 37, of Grady, N.M., were indicted in Feb. 2014, on federal methamphetamine trafficking charges. Count 1 of the three-count indictment charged the four defendants with conspiring to distribute methamphetamine in Curry County, N.M., between Sept. 2013 and Nov. 2013. Count 2 charged Kidd and Tafoya with possession of methamphetamine with intent to distribute on Nov. 6, 2013. Count 3 charged Driever and Perez with possession of methamphetamine with intent to distribute also on Nov. 6, 2013.
Kidd entered a guilty plea on Nov. 17, 2014, and admitted that he conspired with his co-defendants to distribute methamphetamine in Curry County. More specifically Kidd admitted that he and Tafoya supplied quantities of methamphetamine to others, including Driever and Perez, who resold the methamphetamine in smaller quantities to users. According to Kidd’s plea agreement, on Nov. 9, 2013, Kidd and Tafoya supplied a pound of methamphetamine to Driever and Perez. On that day, Kidd and Tafoya possessed another half-pound of methamphetamine at their residence. The methamphetamine was seized later that day pursuant to search warrants.
Driever and Perez entered guilty pleas to federal drug trafficking charges on Nov. 20, 2014. Each pled guilty to participating in a conspiracy to distribute methamphetamine in Curry County. Driever admitted that she and Perez obtained quantities of methamphetamine from Kidd and Tafoya and then distributed the methamphetamine to others. Perez acknowledged participating in a methamphetamine trafficking conspiracy that involved Driever, Kidd, Tafoya and others. Tafoya entered a guilty plea on Dec. 17, 2014, and admitted conspiring with Kidd, Driever and Perez to distribute methamphetamine in Curry County in fall of 2013.
Kidd’s co-defendants remain in federal custody pending their sentencing hearings, which have not been scheduled. Under the terms of their plea agreements, they will be sentenced to serve the following prison sentences: Tafoya will be sentenced to 78 months; Driever will be sentenced to 60 months; and Perez will be sentenced to 36 months. Each will serve a five year term of supervised release after completing his or her prison sentence.
This case was investigated by the Las Cruces Agency Office of the FBI’s Albuquerque Division, the Region V Drug Task Force and the New Mexico State Police, with assistance from the Ninth Judicial District Attorney’s Office. The Region V Drug Task Force is comprised of the Clovis Police Department, the Portales Police Department, Curry County Sheriff’s Office and the Roosevelt County Sheriff’s Office. Assistant U.SAttorney Nicholas Jon Ganjei is prosecuting the case.
Former Corrections Officer Sentenced to Prison for Conspiring to Distribute Narcotics in Doña Ana County Detention CenterRead the Press Release
ALBUQUERQUE – A former corrections officer was sentenced this morning in federal court in Las Cruces, N.M., for conspiring to distribute heroin, methamphetamine and cocaine within the Doña Ana County Detention Center (DACDC). Francisco Balderrama, 27, of El Paso, Texas, was sentenced to a year and a day in federal prison followed by three years of supervised release.
Balderrama was arrested on Oct. 6, 2014, on a criminal complaint charging him with conspiracy to distribute narcotics and providing contraband in a prison facility. The criminal complaint alleged that Balderrama conspired with co-defendants Virginia Aguirre, 54, and Delilah Morales, 23, both of Deming, N.M., and Brittany Huerta, 25, of Las Cruces to smuggle drugs and other contraband into the DACDC in June 2013. An investigation by DACDC officers revealed that Balderrama was conspiring with Aguirre, Morales and Huerta to smuggle drugs and drug paraphernalia into the DACDC for two federal inmates who were being held at the Detention Center. Balderrama, Aguirre, Huerta and Morales subsequently were indicted on Jan. 14, 2015, and charged with conspiracy to distribute heroin, methamphetamine and cocaine.
Balderrama pled guilty to the indictment on March 31, 2015, and admitted that from June 3, 2013 through June 16, 2013, two inmates arranged for him to meet with Aguirre and Morales for the purpose of receiving a package containing drugs and other contraband together with a smuggling fee of $300.00 that was provided by Huerta. Balderrama also admitted that on June 16, 2013, Morales delivered the package of drugs and drug paraphernalia to him, and that he delivered the drugs and contraband to two inmates who were being held at the DACDC.
Aguirre, Huerta and Morales also entered guilty pleas in March 2015. Each admitted that from June 3, 2013 through June 16, 2013, they conspired with each other to provide a package containing heroin, cocaine, methamphetamine and other contraband to Balderrama on the evening of June 16, 2013, with the understanding that he would smuggle the package into the DACDC in exchange for a $300.00 fee.
Huerta was sentenced on June 9, 2015 to time served and a year of supervised release. Morales is scheduled for sentencing on June 23, 2015; Aguirre’s sentencing hearing has yet to be scheduled. At sentencing, Morales and Aguirre each face a statutory maximum penalty of 20 years in prison followed by not less than three years of supervised release.
This case was investigated by the Las Cruces office of the U.S. Marshals Service, the Doña Ana County Detention Center and the New Mexico State Police. Assistant U.S. Attorney Edwin Garreth Winstead, III, is prosecuting the case.
Carlsbad Man Sentenced for Submitting Fraudulent Claims to Veterans Affairs Medical CenterRead the Press Release
ALBUQUERQUE—William Arviso, 57, of Carlsbad, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to a two-year term of probation for submitting false and fraudulent claims to the Veteran’s Affairs Medical Center (VAMC) in Albuquerque. Arviso was also ordered to pay $13,613.66 in restitution to VAMC which represents the money he fraudulently obtained from the VAMC.
Arviso pled guilty on Nov. 7, 2014, to a felony information charging him with ten counts of theft of government property. In entering the guilty plea, Arviso admitted that from Sept. 27, 2011 through Jan. 25, 2012, he submitted false travel claims to the VAMC and received monetary reimbursement for travel that he was not entitled to.
This case was investigated by the Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Divisions and was prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo.
Mexican National Sentenced to Federal Prison for Heroin Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Tomas Bustamante-Machado, 51, a Mexican national who had been illegally residing in Phoenix, Ariz., was sentenced today in Albuquerque, N.M., to 41 months in federal prison for his heroin trafficking conviction. He will be deported after he completes his prison sentence.
Bustamante-Machado was arrested on Jan. 16, 2015, in Bernalillo County, N.M., after the New Mexico State Police found approximately 1286 grams (2.8 pounds) of heroin hidden in his vehicle during a routine traffic stop. The heroin was concealed in an altered compartment in the back seat of Bustamante-Machado’s vehicle. According to court documents, at the time of his arrest, Bustamante-Machado was out of prison on an immigration bond pending a deportation hearing. Bustamante-Machado subsequently was indicted on Feb. 10, 2015, and charged with possession of heroin with intent to distribute.
On March 17, 2015, Bustamante-Machado pled guilty to the indictment and admitted that on Jan. 16, 2015, while traveling from Phoenix, he was stopped by law enforcement and found to be in possession of more than one kilogram of heroin which had been concealed in a secret compartment in the vehicle he was driving. He further admitted that the heroin was intended for another person.
This case was investigated by the Border Enforcement Security Task Force (the BEST Team) of the Albuquerque office of HSI and the New Mexico State Police.
The case was prosecuted by Assistant U.S. Attorney William J. Pflugrath as pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Laguna Pueblo Woman Pleads Guilty to Federal Misdemeanor Assault ChargeRead the Press Release
ALBUQUERQUE – Allie P. Sarracino, 26, an enrolled member of the Laguna Pueblo who resides in Casa Blanca, N.M., pleaded guilty this morning in Albuquerque, N.M., to a misdemeanor information charging her with assaulting an Indian woman.
Sarracino was arrested on Dec. 8, 2014, on a criminal complaint charging her with assaulting an intimate partner by strangulation. According to the complaint, on Dec. 4, 2014, the Pueblo of Laguna Tribal Police Department responded to a report of assault on Laguna Pueblo in Cibola County, N.M. The complaint alleged that Sarracino assaulted the victim, a Laguna woman, by striking her in the face and strangling her. Sarracino was subsequently indicted on Jan. 8, 2015, and charged with assaulting an intimate partner by strangulation.
During today’s proceedings, Sarracino entered a guilty plea to a misdemeanor information and admitted assaulting the victim by striking her with her hands on the victims face. Sarracino also admitted holding the victim down by pressing on her shoulders and neck area. As a result of the assault, the victim suffered bruises, contusions and other wounds on her face and head.
At sentencing, Sarracino faces a statutory maximum penalty of 12 months in federal prison and up to one year of supervised release. A sentencing hearing has yet to be scheduled.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Pueblo of Laguna Tribal Police Department. Assistant U.S. Attorney Linda Mott is prosecuting the case.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Fugitive in Federal Pharmacy Robbery Case ArrestedRead the Press Release
ALBUQUERQUE – On April 29, 2015, federal and local officials announced the filing of four indictments alleging that six defendants robbed retail pharmacies in Albuquerque, N.M., to illegally obtain Oxycodone and other highly addictive opioid painkillers. At the time, three of the defendants were fugitives. The last of the three fugitives, Blake Gallardo, 22, of Albuquerque, N.M., was arrested last night. Gallardo made his initial appearance in federal court this morning on Indictment 15-CR-1504-JB, charging him and a co-defendant.
The four indictments announced on April 29, 2015, charged Gallardo and the following five Albuquerque residents with crimes arising out of the armed robberies of retail pharmacies: Roy Christopher, 28, Valentin Garcia, 22, Victor Hurtado, 20, and Joseph Montano, 22. At the time, Duran, Gallardo and Garcia had not been arrested and were considered fugitives. Since then, Garcia was arrested on May 21, 2015, and Duran was arrested the next day.
The indictments allege violations of the Controlled Substance Registrant Protection Act and the Safe Doses Act, laws passed to address the theft and diversion of prescription drugs. The Controlled Substance Registrant Protection Act was enacted in 1984, to combat the theft of prescription drugs from individuals and businesses registered with the DEA. It creates penalties for entering a pharmacy’s premises for the purpose of stealing controlled substances, and includes enhanced punishment for using a dangerous weapon. The Safe Doses Act was enacted in Oct. 2012, to fight medical theft and protect patients from unknowingly using stolen and mishandled drugs. It provides for enhanced sentences for those who rob pharmacies of controlled substances; individuals who steal medical products; and “fences” who knowingly obtain stolen medical products for resale in the supply chain.
Indictment 15-CR-1504 charges Gallardo and Duran with (1) violating the Hobbs Act by interfering with interstate commerce by robbery and violence; (2) brandishing a firearm during a crime of violence; (3) violating the Controlled Substance Registrant Act by robbery involving controlled substance; (4) violating the Safe Doses Act by theft of medical products; and (5) possession of Oxycodone with intent to distribute. The charges against Gallardo and Duran arise out of the armed robbery of a Walgreens Pharmacy on Jan. 30, 2015.
Hurtado, Montano and Garcia are separately charged in two indictments with the same five crimes as Gallardo and Duran. Hurtado and Montano are charged in Indictment 15-CR-1506-JB, based on the armed robbery of a Smith’s Pharmacy on Jan. 6, 2015, and Garcia is charged in Indictment 15-CR-1505-JB, based on the armed robbery of a Walgreens Pharmacy on Jan. 6, 2015.
Christopher is charged in Indictment 15-CR-1504-JB, with (1) violating the Hobbs Act by interfering with interstate commerce by robbery and violence; (2) violating the Safe Doses Act by theft of medical products; and (3) possession of Oxycodone with intent to distribute. The charges against Christopher arise out of the robbery of a CVS Pharmacy on Aug. 14, 2014.
The charges in the indictments carry the following statutory maximum penalties on conviction: Hobbs Act – 20 years of imprisonment; robbery of controlled substances – 25 years of imprisonment; Safe Doses Act – 30 years of imprisonment; possession of Oxycodone with intent to distribute – 20 years in prison. The statutory maximum penalty for a conviction for brandishing a firearm during a crime of violence is a mandatory seven years in prison to be served consecutive to any prison sentence on the other sentence imposed on the other charges.
The defendants have entered not guilty pleas to the charges against them. They remain in federal custody pending trial. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
These cases were investigated by the Albuquerque office of the FBI, the Tactical Diversion Squad of the DEA in Albuquerque, and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office in Bernalillo County. The cases are being prosecuted by Assistant U.S. Attorneys Joel R. Meyers and Shaheen P. Torgoley.
DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
These cases are being prosecuted pursuant to a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
The cases also are being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Roswell Man Pleads Guilty to Violating Federal Narcotics Trafficking LawsRead the Press Release
ALBUQUERQUE – Francisco Mejia, 43, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating federal narcotics trafficking laws. Under the terms of his plea agreement, Mejia will be sentenced to 46 months in prison followed by a term of supervised release to be determined by the court.
Mejia was arrested on March 17, 2015, on a criminal complaint charging him with possession of methamphetamine with intent to distribute and being a felon in possession of a firearm on Feb. 24, 2015, in Chaves County, N.M. According to the complaint, the New Mexico State Police executed a search warrant on Mejia’s residence and vehicles where they seized approximately 29.53 grams of methamphetamine, $5,240.00 in cash, a pistol, ammunition, and drug paraphernalia. At the time, Mejia was prohibited from possessing firearms or ammunition because he previously had been convicted of possession of a controlled substance and being a felon in possession of a firearm.
During today’s proceedings, Mejia pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. Mejia admitted that on Feb. 24, 2015, he possessed approximately 29.53 grams of methamphetamine with intent to distribute. Mejia remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Roswell office of the FBI, the Chaves County Sheriff’s Office and the New Mexico State Police. Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Albuquerque Woman Sentenced to Prison for Federal Oxycodone Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Crystal Staggs, 53, of Albuquerque, N.M., was sentenced today in federal court to 63 months in federal prison followed by three years of supervised release for her Oxycodone trafficking conviction.
Staggs was arrested on Aug. 28, 2012, on a criminal complaint charging her with distributing and attempting to distribute Oxycodone to an undercover DEA agent on four occasions from June 13, 2012 through Aug. 28, 2012, in Bernalillo County, N.M. According to the complaint, Staggs sold Oxycodone to the undercover agent as follows: 48 30-mg Oxycodone pills and four 15-mg Oxycodone pills for $1,000.00 on June 13, 2012; 100 30-mg Oxycodone pills for $1,800.00 on June 27, 2012; and 87 30-mg Oxycodone pills and six 15-mg Oxycodone pills for $1,800.00. Staggs was arrested on Aug. 28, 2012, when she attempted to sell 100 30-mg Oxycodone pills to the undercover agent; the pills were in her possession when she was arrested.
In Sept. 2012, Staggs was indicted and charged with three counts of distribution of Oxycodone and one count of possession of Oxycodone with intent to distribute.
On April 8, 2015, Staggs pled guilty to the four-count indictment and admitted to distributing an aggregate of 10.2 grams of Oxycodone to an undercover DEA agent from June 13, 2012 through Aug. 28, 2012.
This case was investigated by the Tactical Diversion Squad of the DEA’s Albuquerque office and was prosecuted by Assistant U.S. Attorney Shammara Henderson. DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
This case was prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Albuquerque Man Sentenced to Fifteen Years for Federal Methamphetamine Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Manuel Chavez, 33, of Albuquerque, N.M., was sentenced this afternoon in federal court to 180 months in prison followed by four years of supervised release for his methamphetamine trafficking and firearms conviction.
The sentence was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Chief Gorden Eden, Jr., of the Albuquerque Police Department, and Bernalillo County Sheriff Manuel Gonzales III.
U.S. Attorney Martinez said that Chavez was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Chavez was arrested on April 29, 2014, on a four-count indictment charging him with two counts of being a felon in possession of a firearm and ammunition, one count of possession of methamphetamine with intent to distribute, and one count of using a firearm in relation to a drug trafficking crime. The indictment alleged that Chavez committed the crimes on Sept. 30, 2013 and Oct. 24, 2013, in Bernalillo County, N.M. According to court filings, Chavez was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses, including conspiracy to possess methamphetamine with intent to distribute, contributing to the delinquency of a minor, aggravated assault against a household member, possession of a controlled substance, attempting to bring contraband into a prison, and aggravated fleeing from a law enforcement officer.
On Dec. 19, 2014, Chavez pled guilty to possession of methamphetamine with intent to distribute and carrying a firearm in furtherance of a drug trafficking crime. In entering his guilty plea, Chavez admitted that on Oct. 24, 2013, he possessed more than 50 grams of methamphetamine with intent to distribute. Chavez also admitted that on the same day, he used and carried two semiautomatic pistols and a semiautomatic rifle in furtherance of a drug trafficking crime.
The case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Police Department and the Bernalillo County Sheriff’s Office, with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorneys Kimberly A. Brawley and Sarah Jane Mease prosecuted the case.
Santa Fe Man Pleads Guilty to Unlawfully Trafficking “Suboxone”Read the Press Release
ALBUQUERQUE – James Barela, 41, of Santa Fe, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to participating in a conspiracy to distribute Buprenorphine, more commonly known as “Suboxone,” in violation of the federal narcotics laws. Under the terms of his plea agreement, Barela will be sentenced to 12 months and one day in federal prison followed by at least two years of supervised release.
Barela was arrested on March 12, 2015, on an indictment charging him and co-defendant Edward Owens, 20, also of Santa Fe, with conspiracy and possession of Suboxone with intent to distribute. According to the indictment, Barela and Owens committed these crimes between Aug. 6, 2014 and Aug. 12, 2014, in Santa Fe County, N.M. During the period charged in the indictment, Owens was employed as a corrections officer at the Santa Fe County Adult Correctional Facility.
During today’s change of plea hearing, Barela pled guilty to Count 1 of the indictment, charging him with participating in a Suboxone trafficking conspiracy. In entering the guilty plea, Barela admitted that from Aug. 4, 2014 through Aug. 12, 2014, while he was incarcerated in a correctional facility in Santa Fe County, he conspired with Owens to distribute Suboxone to inmates in the correctional facility.
Barela remains in custody pending a sentencing hearing which has yet to be scheduled. At sentencing, Barela faces a statutory maximum sentence of five years imprisonment.
Owens has entered a plea of not guilty to the indictment. Charges in indictments are merely accusations, and defendants are presumed innocent unless proven guilty.
This case was investigated by the Albuquerque office of the FBI, the Santa Fe County Sheriff’s Office, and the Santa Fe Corrections Department. Assistant U.S. Attorney Shaheen P. Torgoley is prosecuting the case pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Federal Grand Jury Indicts Andrew Steven Romero for Unlawful Possession of a Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – A federal grand jury has returned an indictment charging Andrew Steven Romero, 28, of Albuquerque, N.M., with violating the federal firearms laws by unlawfully possessing a firearm and ammunition. The indictment was announced by U.S. Attorney Damon P. Martinez, 13th Judicial District Attorney Lemuel L. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Romero initially was charged with violating the federal firearms laws in a criminal complaint filed on May 29, 2015. The complaint alleged that Romero unlawfully possessed a firearm and ammunition on May 25 and May 26, 2015, in Bernalillo County, N.M. At the time, Romero was prohibited from possessing either firearms or ammunition because he previously has been convicted of multiple felony offenses, including voluntary manslaughter, tampering with evidence, aggravated assault with a deadly weapon, contributing to the delinquency of a minor, possession of a destructive device by a felon, heroin trafficking, and receiving or transferring a motor vehicle.
The single count indictment filed by the federal grand jury on June 9, 2015, charges Romero with being a felon in possession of a firearm on May 25, 2015, in Bernalillo County.
Romero was arrested on May 26, 2015, on related State charges and currently is in State custody. He will be transferred to federal custody to answer to the federal indictment.
If convicted of the charge in the criminal complaint, Romero faces up to ten years in federal prison. If the court determines that Romero is an armed career criminal, he faces an enhanced sentence of a mandatory minimum of 15 years in prison to a maximum of life imprisonment.
Charges in criminal complaints and indictments are merely accusations. Defendants are presumed innocent unless found guilty in a court of law.
Assistant U.S. Attorney Kimberly A. Brawley is prosecuting the federal case, which was investigated by a multi-jurisdictional team that includes the Albuquerque offices of the FBI and ATF and the Multi-Agency Officer Involved Shooting Task Force, which is comprised of officers from the Albuquerque Police Department, the Bernalillo County Sheriff’s Office, the New Mexico State Police and the Rio Rancho Police Department. The 13th Judicial District Attorney’s Office assisted in the investigation of the federal case.
Romero is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Eddy County Man Pleads Guilty to Violating Federal Narcotics Trafficking LawsRead the Press Release
ALBUQUERQUE – Ernesto Flores, 43, of Hagerman, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating federal drug trafficking laws.
Flores was arrested on March 12, 2015, on a criminal complaint charging him with possession of methamphetamine with intent to distribute on Feb. 4, 2015, in Eddy County, N.M. According to the criminal complaint, on that day, the Pecos Valley Drug Task Force, the Chaves County Metro Narcotics Task Force and the Eddy County Sheriff’s Office executed a search warrant on a storage room and garage belonging to Flores. The officers seized an AK-47, two handguns, a stolen handgun, $4,900.00 in cash, drug paraphernalia and approximately 296.52 grams of methamphetamine.
During today’s proceedings, Flores pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. Flores admitted that he possessed approximately 296.52 grams of methamphetamine on Feb. 4, 2015.
At sentencing, Flores faces a statutory minimum of five years and a maximum of 40 years in federal prison followed by not less than four years of supervised release. Flores remains in custody pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA, the Pecos Valley Drug Task Force, the Chaves County Metro Narcotics Task Force and the Eddy County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Arizona Woman Arrested on Federal Narcotics Trafficking ChargesRead the Press Release
ALBUQUERQUE – Bethzabeth Guadalupe Castro-Gallegos, 32, of Phoenix, Ariz., made her initial appearance this morning in federal court in Albuquerque, N.M., on a criminal complaint charging her with possession of methamphetamine and heroin with intent to distribute. Castro-Gallegos remains in federal custody pending a preliminary hearing and a detention hearing which are scheduled for tomorrow.
Castro-Gallegos was arrested yesterday after DEA agents allegedly seized approximately 5.28 pounds of methamphetamine and 4.84 pounds of heroin from her baggage during a consensual search at the Amtrak Train Station in Albuquerque.
If convicted on the charges in the criminal complaint, Castro-Gallegos faces a statutory minimum penalty of ten years and a maximum of life in federal prison. Charges in criminal complaints are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into or through New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles. Assistant U.S. Attorney Kimberly A. Brawley is prosecuting the case.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Previously Deported Mexican National Sentenced to 80 Months in Federal Prison for Illegal ReentryRead the Press Release
ALBUQUERQUE – A previously deported felon from Mexico was sentenced today in federal court in Albuquerque, N.M., to 80 months in federal prison for his conviction for unlawfully reentering the United States. He will be deported after completing his prison sentence.
Rene Gonzalez-Chavez, 33, of Chihuahua, Mexico, was charged on Sept. 24, 2014, in a criminal complaint with illegally reentering the United States after having been convicted of an aggravated felony. Gonzalez-Chavez had previously been deported from the United States on April 28, 2010, after he was convicted in April 2006, of multiple aggravated felonies including aggravated assault with a deadly weapon on a peace officer, attempt to commit a felony, aggravated burglary with a deadly weapon, conspiracy to commit an aggravated burglary, and aggravated assault against a household member with a deadly weapon and resisting an officer.
Gonzalez-Chavez was subsequently indicted on Dec. 3, 2014, and charged with unlawful re-entry into the United States. The offense took place in Bernalillo County, N.M.
On Jan. 22, 2015, Gonzalez-Chavez pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the Albuquerque office of Homeland Security Investigations and the Albuquerque Police Department. Assistant U.S. Attorney Lynn Wei-Yu Wang is prosecuting this case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Las Cruces Resident Pleads Guilty to Federal Narcotics Trafficking ChargesRead the Press Release
ALBUQUERQUE – Christopher J. Cleveland, 35, a resident of Las Cruces, N.M., pled guilty today in federal court to methamphetamine trafficking charges under a plea agreement with the U.S. Attorney’s Office.
Cleveland and co-defendant Eric G. Acosta, 28, also of Las Cruces, were arrested in July 2014, on a criminal complaint charging them with possession of methamphetamine with intent to distribute, using a firearm in furtherance of a drug trafficking crime and possession of a firearm by a convicted felon. The complaint alleged that during a routine traffic stop on June 23, 2014, officers of the Las Cruces Police Department discovered approximately 889.2 grams of methamphetamine, a firearm and drug paraphernalia inside a vehicle driven by Acosta and in which Cleveland was a passenger. It further alleged that Cleveland and Acosta had traveled from Arizona, where they obtained the methamphetamine, to Las Cruces in Doña Ana County, N.M., where they intended to distribute the drugs.
An indictment subsequently was filed on Oct. 16, 2014, charging Acosta and Cleveland with a methamphetamine trafficking conspiracy and possession of methamphetamine with intent to distribute. The indictment also charged each of the two men with being a felon in possession of a firearm. The two men were charged with committing these crimes on June 23, 2014, in Doña Ana County. At the time, Acosta and Cleveland each was prohibited from possessing firearms or ammunition because each had previously been convicted a felony offense.
During today’s proceedings, Cleveland admitted to conspiring with Acosta to possess methamphetamine with intent to distribute and possession of methamphetamine with intent to distribute on June 23, 2014, in Doña Ana County.
On May 14, 2015, Acosta pled guilty to the conspiracy charge, the substantive methamphetamine trafficking charge, and to being a felon in possession of a firearm. Acosta entered his guilty plea without the benefit of a plea agreement.
At sentencing, Acosta and Cleveland each face a statutory mandatory minimum of ten years in federal prison. Both men remain in custody pending sentencing hearings, which have yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Pawan Kumar Jain Arraigned on Superseding Indictment Adding New Charges of Unlawfully Dispensing Prescription Drugs and Health Care Fraud Resulting in DeathsRead the Press Release
ALBUQUERQUE –Pawan Kumar Jain, 62, of Las Cruces, N.M., was arraigned this morning in Las Cruces federal court on a 114-count superseding indictment which alleges that, among other crimes, Jain’s over-prescribing of opioid pain medication resulted in the deaths of four patients. Jain entered a not guilty plea this morning to the superseding indictment; he remains in custody pending trial. The filing of the superseding indictment was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, and Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division.
Jain initially was charged in a 111-count indictment filed on April 16, 2014. The indictment charged Jain with 61 counts of unlawfully dispensing controlled substances and 50 counts of healthcare fraud. The superseding indictment, which was filed on May 20, 2015, adds two new counts of the unlawful dispensing of controlled substances resulting in death and a new count of healthcare fraud resulting in death, for a total of 63 dispensing charges and 51 healthcare fraud charges. According to the superseding indictment, Jain allegedly committed the offenses charged between April 2009 and June 2010, in Doña Ana County, N.M. During that period, Jain was a licensed physician with a neurology subspecialty who operated a pain management medical practice in Las Cruces. Jain’s medical license was suspended in June 2012 and subsequently revoked in Dec. 2012 by the New Mexico Medical Board.
Each of the 63 dispensing charges in the superseding indictment alleges that Jain unlawfully dispensed prescription painkillers, primarily Oxycodone and methadone, to patients outside the usual course of medical practice and without a legitimate medical purpose. The maximum statutory penalty for a conviction on each of the 63 dispensing charges is 20 years in prison and a $1,000,000.00 fine.
The 51 healthcare fraud charges allege that Jain engaged in a scheme to defraud two health care benefit programs, Medicare and Medicaid, by causing claims to be submitted for payment for prescription medications he dispensed to patients outside the usual course of medical practice and without legitimate medical purpose. The maximum statutory penalty for a conviction on each of the health care fraud charges is ten years in prison and a $250,000.00 fine.
Seven counts in the superseding indictment, Counts 1 through 7, expose Jain to enhanced sentencing because the criminal conduct charged allegedly resulted in the deaths of four patients. Those Counts contain the following allegations:
- Counts 1 and 2 – that Jain’s unlawful dispensing of prescription painkillers, 270 tablets of methadone (10 mg), and fraudulent conduct in late Nov. 2009, resulted in the death of a patient identified by the initials “M.E.B” on Dec. 25, 2009.
- Counts 3 and 4 – that Jain’s unlawful dispensing of prescription painkillers, 120 tablets of oxycodone (30 mg), and fraudulent conduct on July 27, 2010, resulted in the death of a patient identified by the initials “N.D.” on July 29, 2010.
- Count 5 – that Jain’s unlawful dispensing of prescription painkillers, 90 tablets of morphine sulfate (60 mg), in June 2010, resulted in the death of a patient identified by the initials “R.B.” on Aug. 14, 2010.
- Counts 6 and 7 – that Jain’s unlawful dispensing of prescription painkillers, 180 tablets of oxycodone (30 mg), and fraudulent conduct on June 14, 2010, resulted in the death of a patient identified by the initials “T.B.” on June 18, 2010.
The enhanced penalty for a conviction on each of Counts 1, 3, 5 and 6, which allege the unlawful dispensing of a controlled substance resulting in death, is a statutory mandatory minimum 20 years in prison and a maximum of life in prison.The enhanced statutory maximum penalty for a conviction on each of Counts 2, 4 and 7, which allege healthcare fraud resulting in death, is life imprisonment.
This case was investigated by the DEA’s Tactical Diversion Team in El Paso, Texas and the FBI’s Healthcare Fraud Unit with assistance from the New Mexico Medical Board and the New Mexico Board of Pharmacy. The case is being prosecuted by Assistant U.S. Attorneys Sarah M. Davenport and Richard C. Williams of the U.S. Attorney’s Las Cruces Branch Office.
DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Charges in indictments are merely accusations, and defendants are presumed innocent unless proven guilty.
U.S. Attorney General Loretta Lynch Recognizes Assistant U.S. Attorney from New MexicoRead the Press Release
ALBUQUERQUE – Assistant U.S. Attorney David Adams of the U.S. Attorney’s Office (USAO) in the District of New Mexico was one of 160 members of the Department of Justice recognized by Attorney General Loretta Lynch, Deputy Attorney General Sally Quillian Yates, and Executive Office for U.S. Attorneys (EOUSA) Director Monty Wilkinson at the 31st Director’s Awards Ceremony today in Washington D.C.
The District of New Mexico was one of 31 districts represented at the ceremony which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building. U.S. Attorney Damon P. Martinez joined Attorney General Lynch and Deputy Attorney General Yates in recognizing Mr. Adams for his outstanding service as a Tribal Special Assistant U.S. Attorney (Tribal SAUSA) to tribal communities and Native American women in New Mexico.
In her prepared remarks, Attorney General Lynch told the awardees, “Our honorees include career executives and supervisors; Assistant U.S. Attorneys and Special Assistant U.S. Attorneys; appellate attorneys and law enforcement officials; administrators, paralegals, and public affairs officers," said Attorney General Lynch. "These individuals, and so many others, have faced daunting and sometimes dangerous challenges. They have dedicated their leadership and their expertise, their time and their energy, to the service of their mission. And they have remained devoted, at all times, to the high ideals and deeply-held values that animate our country and our cause."
Attorney General Lynch commended Mr. Adams for his significant contributions to enhancing public safety in Indian Country and his commitment to combating violence against Native American women. In his capacity as the Tribal SAUSA for New Mexico, Mr. Adams was responsible for developing and implementing the USAO’s Tribal SAUSA Pilot Project, one of five pilot projects sponsored and funded by the Justice Department’s Office on Violence Against Women (OVW). Mr. Adams’ responsibilities as Tribal SAUSA included investigating and prosecuting crimes against Native American women and children. He also trained tribal prosecutors and tribal, local, state and federal officers in federal law, procedure and investigative techniques to increase the likelihood that every viable crime of domestic violence, dating violence, sexual assault, and stalking offense against Native American women and children is prosecuted in either federal court or tribal court, or both.
“This award is a fitting recognition of David Adams’ extraordinary contributions to tribal communities and Native American women in New Mexico,” said U.S. Attorney Damon P. Martinez. “Domestic violence and sexual assault are human rights issues, and the violence perpetuated against Native American women is epidemic. It is the right of every Native American woman to be free of fear, to be free of violence, and to be free of ever having to be a victim. OVW’s Tribal SAUSA Pilot Project enabled the USAO prioritize the prosecution of violent offenses against Native American women. David embraced the Project and has become a major player in the Justice Department’s effort to bring justice to Native American women.”
Mr. Adams, a member of the Sault St. Marie Tribe of Chippewa Indians in Michigan, graduated from the University of New Mexico School of Law in 2007. He was the chief prosecutor for the Pueblo of Laguna, N.M., from 2007 to 2012. Mr. Adams became the USAO’s Tribal SAUSA in 2012 and served in that role until Oct. 2014, when he was sworn in as an Assistant U.S. Attorney. Mr. Adams is assigned to the USAO’s Indian Country Crime Section, where he continues to do the important work for which he was recognized today.
EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country. For more information on EOUSA and its mission, visit http://www.justice.gov/usao.
Prior Felon from Silver City Pleads Guilty to Violating the Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Salvador Murillo Vasquez, 34, of Silver City, N.M., pleaded guilty yesterday in federal court in Las Cruces, N.M., to violating the federal firearms laws. Under the terms of his plea agreement, Vasquez will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court.
The guilty plea was announced by U.S. Attorney Damon P. Martinez, 6th Judicial Attorney Francesca Martinez-Estevez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Marshal Conrad E. Candelaria for the District of New Mexico, and Cabinet Secretary Gregg Marcantel of the New Mexico Corrections Department.
Vasquez was arrested on Nov. 13, 2014, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition on Feb. 5, 2014, in Grant County, N.M. According to the complaint, on that day, law enforcement officers searched Vasquez’s residence pursuant to the terms of his probation on a state conviction and seized a firearm and ammunition. At the time, Vasquez had absconded from his state probation term. In addition, Vasquez was prohibited from possessing firearms or ammunition because he previously had been convicted of accessory to shooting from a motor vehicle resulting in great bodily injury, burglary of a house and distribution of marijuana. Vasquez was subsequently indicted on Feb. 18, 2015, and charged with being a felon in possession of a firearm and ammunition.
Vasquez was arrested on the federal charge after the 6th Judicial District Attorney’s Office concluded state judicial proceedings relating to Vasquez’s violation of the terms of his state probationary terms.
During yesterday’s proceedings, Vasquez pled guilty to a felony information charging him with possession of a stolen firearm. In entering the guilty plea, Vasquez admitted that on Feb. 5, 2014, in Grant County he possessed a firearm which he knew or had reasonable cause to believe was stolen.
Vasquez remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Marshals Service, and the Probation and Parole Division of the New Mexico Corrections Department, with assistance from the 6th Judicial District Attorney’s Office.
Assistant U.S. Attorney Edwin Garreth Winstead, III, of the U.S. Attorney’s Las Cruces Branch Office is prosecuting this case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.