District of New Mexico
Press releases recorded for this federal judicial district.
Prior Felon from San Juan County Sentenced to Fifteen Years in Federal Prison for Drug Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Casey Wayne Stallings, 30, of Kirtland, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., for his conviction on methamphetamine trafficking and firearm charges. Stallings was sentenced to 15 years in federal prison followed by five years of supervised release.
U.S. Attorney Damon P. Martinez, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Texas, and Commander Kyle Dowdy of the Region II HITDA Narcotics Task Force noted that Stallings 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.
Stallings and his co-defendant, Jessica Chance Lucero, 25, of Albuquerque, were arrested on May 22, 2014, on an indictment charging them with methamphetamine trafficking and firearms charges. Counts 1 and 2 charged Stallings and Lucero with conspiracy and possession of methamphetamine with intent to distribute. Count 3 charged them with using and carrying a firearm in relation to a drug trafficking crime. Counts 4 and 5 respectively charged Stallings and Lucero with being felons in possession of a firearm. According to the indictment, the defendants committed the five offenses in San Juan County, N.M., on Jan. 27, 2014.
On Feb. 11, 2015, Stallings pled guilty to Counts 2 and 3 of the indictment. In his plea agreement, Stallings admitted that he was a drug dealer and that on Jan. 27, 2014, he possessed a large quantity of methamphetamine at his residence that he intended to sell to his drug customers. Stallings also admitted keeping a firearm in his residence for the purpose of protecting himself from drug customers and other drug dealers who might try to rob him. He also acknowledged that he was prohibited from possessing firearms or ammunition due to his previous felony convictions for robbery, possession of a controlled substance, possession of marijuana, and aggravated assault with a deadly weapon.
Lucero also pled guilty on Feb. 11, 2015. Lucero entered a guilty plea to a felony information charging her with misprision of a felony, and admitted that on Jan. 27, 2014, she failed to report to law enforcement that Stallings was committing federal felony offenses at their residence. More specifically, she admitted knowing that Stallings was selling methamphetamine out of their residence and that he possessed a firearm despite his status as a convicted felon. Lucero was sentenced to five years of probation.
This case was investigated by the Albuquerque office of Homeland Security Investigations and the Region II HIDTA Narcotics Task Force, and was prosecuted by Assistant U.S. Attorneys Lynn Wei-Yu Wang and Samuel A. Hurtado.
The Region II HIDTA Narcotics Task Force is comprised of officers from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department. It is part of the High Intensity Drug Trafficking Areas (HIDTA) program which 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.
Prior Felon from Albuquerque Pleads Guilty to Federal Carjacking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Jose Rios, 32, of Albuquerque, N.M., pleaded guilty this morning in federal court to federal carjacking and firearms charges. Under the terms of his plea agreement, Rios will be sentenced to 15 years in 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, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent Carol K.O. Lee of the FBI’s Albuquerque Division, and Chief Gorden Eden, Jr., of the Albuquerque Police Department.
Rios was indicted on Dec. 17, 2013, and charged with three counts of being a felon in possession of firearms and ammunition (May 9, 2013, July 23, 2013, and Aug. 15, 2013); one count of carjacking on Aug. 14, 2013; and one count of brandishing a firearm during a crime of violence on Aug. 14, 2013. According to the indictment, Rios committed the five crimes in Bernalillo County, N.M. At the time, Rios was prohibited from possessing firearms or ammunition because he previously had been convicted of several felony offenses, including the unlawful taking of a vehicle, aggravated fleeing from a law enforcement officer, and conspiracy to unlawfully take a vehicle.
Rios was arrested on the federal charges on May 9, 2014, after he was transferred to federal custody from state custody where he was facing related state charges. The state charges were dismissed in favor of federal prosecution.
During today’s proceedings, Rios pled guilty to Counts 1, 3 and 4 of the indictment which charged him with being a felon in possession of a firearm and ammunition, carjacking and brandishing a firearm during a crime of violence. In entering the guilty plea, Rios admitted that on May 9, 2013, he unlawfully possessed a revolver and ammunition in Bernalillo County. Rios further admitted that on Aug. 14, 2013, he committed a carjacking when he brandished a firearm at another person so that he could take the person’s vehicle.
Rios has been in custody since his arrest and remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office. It is being prosecuted by Assistant U.S. Attorney Samuel A. Hurtado 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.
Career Criminal from Albuquerque Sentenced to 272 Months for Brandishing a Firearm During Bank Robbery in February 2014Read the Press Release
ALBUQUERQUE – A career offender who was prosecuted under the federal “worst of the worst” anti-violence initiative was sentenced this afternoon in federal court for his conviction on bank robbery and firearms charges arising out of the Feb. 19, 2014, armed robbery of the First Financial Credit Union (the bank) located at 2929 Coors Blvd in Albuquerque, N.M.
Devin Jasperse, 31, of Albuquerque, N.M., was sentenced to 188 months in federal prison for the bank robbery conviction and an additional seven years in prison for brandishing a firearm during the robbery. Because the seven-year sentence on the firearms charge must be served consecutive to the 188 month sentence on the bank robbery charge, Jasperse will serve 272 months in prison followed by five years of supervised release. Jasperse was also ordered to pay restitution to the bank that was the victim of his crime.
U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and Chief Gorden Eden, Jr., of the Albuquerque Police Department noted that Jasperse 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.
Jasperse was arrested on March 27, 2014, on a criminal complaint charging him with the armed robbery of the bank on Feb. 19, 2014, and with brandishing a firearm during a crime of violence. Jasperse subsequently was indicted on the same charges in a two-count indictment on April 23, 2014.
On March 5, 2015, Jasperse pled guilty to both counts of the indictment and admitted robbing the bank at gunpoint. Jasperse admitted climbing over the teller counter, and yelling that he was committing a bank robbery and that he had a gun. After three bank tellers complied with his demands for cash, Jasperse climbed back over the teller counter and ran out of the bank with the cash. In entering his guilty plea, Jasperse also admitted that he disposed of the gun he used in the armed bank robbery and that he had stashed another firearm at an apartment which was later seized by law enforcement.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney Lynn Wei-Yu Wang is prosecuting this case.
California Man Pleads Guilty to Federal Narcotics Trafficking and Firearms Charges in New MexicoRead the Press Release
ALBUQUERQUE – Marcos Anthony Correa, 30, of San Bernardino, Calif., entered a guilty plea today in federal court in Albuquerque, N.M., to methamphetamine trafficking and firearms charges. Under the terms of his plea agreement, Correa will be sentenced within the range of 180 to 300 months 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, 8th Judicial District Attorney Donald Gallegos, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Chief Pete N. Kassetas of the New Mexico State Police.
Correa was charged in a four-count indictment filed on Aug. 12, 2014, with (1) possession of methamphetamine with intent to distribute, (2) possession of heroin with intent to distribute, (3) possession of a firearm in relation to a drug trafficking crime, and (4) being a felon in possession of a firearm. The indictment was subsequently superseded on Sept. 9, 2014, to reflect an increase of the quantity of methamphetamine involved in Count 4.
According to the superseding indictment, Correa committed the offenses on May 30, 2014, in Colfax County, N.M. At the time, Correa was prohibited from possessing firearms or ammunition because he previously had been convicted of multiple felony offenses, including evading a peace officer, possession of a controlled substance for sale, transporting a controlled substance with a participation in a criminal street gang enhancement and possession of heroin, resisting an officer.
Court records reflect that Correa was arrested on May 30, 2015, on related-state charges filed in the 8th Judicial District Court for the State of New Mexico (Colfax County, N.M.). The state charges were dismissed after the federal charges were filed.
Today, Correa pled guilty to Counts 1 and 3 of the superseding indictment, which charged him with possession of methamphetamine with intent to distribute and possession of a firearm in relation to a drug trafficking crime. In entering the guilty plea, Correa admitted that on May 30, 2014, he possessed 87.3 grams of 100% pure methamphetamine that he intended to deliver to another person. He further admitted possessing a semiautomatic pistol and ammunition in order to protect himself and his drugs in the event someone tried to rob him.
Correa has been in custody since his arrest and will remain detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque offices of the DEA and Bureau of Alcohol, Tobacco, Firearms and Explosives and the New Mexico State Police, with assistance from the 8th Judicial District Attorney’s Office.
Assistant U.S. Attorney Samuel A. Hurtado is prosecuting this case 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.
Brothers from Crownpoint Sentenced to Federal Prison for Assault ConvictionsRead the Press Release
ALBUQUERQUE – Two brothers, enrolled members of the Navajo Nation who reside in Crownpoint, N.M., were sentenced yesterday in federal court in Albuquerque, N.M., for their convictions on assault charges arising out of the brutal attack on another Navajo man in Sept. 2014. Gabriel Largo, 28, was sentenced to 37 months in federal prison followed by three years of supervised release. His brother, Joshua Largo, 21, was sentenced to 24 months followed by a year of supervised release.
The Largo brothers and their co-defendant Michael Benally, 31, a Navajo man who resides in Littlewater, N.M., were arrested on Sept. 17, 2014, on a criminal complaint charging them with assaulting a 43-year-old Navajo man with a sledgehammer and a rock and causing the victim to suffer serious bodily injuries. According to the complaint, the assault took place in the Crownpoint Chapter of the Navajo Nation in McKinley County, N.M., on Sept. 5, 2014.
The three defendants subsequently were indicted on Oct. 7, 2014, in a four-count indictment. Count 1 charged Benally with assaulting the victim and causing him serious bodily injury on July 30, 2014. Count 2 charged Benally, Gabriel Largo and Joshua Largo with conspiring to assault the victim by chasing the victim, throwing rocks at him, kicking him, and striking him with a sledgehammer on Sept. 5, 2014. Counts 3 and 4 charged the three defendants with assault resulting in serious bodily injury and assault with a dangerous weapon.
On March 5, 2015, Gabriel Largo pled guilty to a felony information charging him with assault. In entering his guilty plea, he admitted that on Sept. 5, 2014, he and his co-defendants assaulted the victim. When the victim ran away from them, Gabriel Largo and his co-defendants chased the victim, threw rocks at him and knocked him down. In his plea agreement, Gabriel Largo admitted obtaining a sledgehammer from Benally and using it to strike the victim.
Joshua Largo also pled guilty to a felony information on March 5, 2015, and admitted his participation in a conspiracy to assault the victim. Joshua Largo admitted joining his co-defendants in chasing the victim, throwing rocks at him and knocking him down, and hitting and kicking the victim.
Benally pled guilty on March 27, 2015, to a felony information charging him with conspiracy to commit assault resulting in bodily injury and assault with a dangerous weapon. In entering his guilty plea, Benally admitted that on Sept. 5, 2014, he and his co-defendants approached the victim who was selling firewood. When the victim ran away from them, the three defendants chased the victim, threw rocks at him and knocked him down. The three men then hit and kicked the victim. Benally admitted taking a sledgehammer from his truck and striking the victim in the legs with it with the intention of injuring and harming him. At some point Benally handed the sledgehammer to Gabriel Largo who used it to strike the victim.
Benally remains in federal custody pending his sentencing hearing which is scheduled for on June 29, 2015. At sentencing, Benally faces a maximum statutory penalty of ten years in federal prison followed by a term of supervised release to be determined by the court.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety, and is being prosecuted by Assistant U.S. Attorney Linda Mott.
Texas Man Pleads Guilty to Federal Involuntary Manslaughter and Assault Charges in New MexicoRead the Press Release
ALBUQUERQUE – Alcario DeLuna, 58, a non-Indian man from Hondo, Texas, pled guilty today in federal court in Albuquerque, N.M., to an indictment charging him with involuntary manslaughter and assault resulting in serious bodily injury. The victims of DeLuna’s crimes were two Navajo men, one of whom died, and a Navajo woman.
DeLuna was indicted on June 26, 2013, and charged with killing an Indian man and assaulting an Indian man and woman and causing them to suffer serious bodily injuries. According to the indictment, DeLuna committed these crimes while driving recklessly on May 21, 2011, in the Navajo Indian Reservation in San Juan County, N.M.
During today’s proceedings, DeLuna pled guilty to the indictment under a plea agreement with the U.S. Attorney’s Office. In entering the guilty plea, DeLuna admitted that on May 21, 2011, he killed a male victim and caused another male victim and a female victim to suffer serious bodily injuries by driving a semi-tractor and trailer in excess of the speed posted for a construction zone and failing to pay attention to the stopped traffic in front of him and causing a collision.
At sentencing, DeLuna faces a statutory maximum penalty of ten years in prison followed by up to three years of supervised release. A sentencing hearing has yet to be scheduled.
This case was investigated by the Shiprock office of the Navajo Nation Department of Public Safety and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Taos Pueblo Man Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE—Keith E. Lucero, 27, a member and resident of Taos Pueblo, N.M., pled guilty this morning to an indictment charging him with involuntary manslaughter and assault resulting in serious bodily injury. The guilty plea was entered in federal court in Albuquerque, N.M., without the benefit of a plea agreement.
Lucero was arrested on July 28, 2014, on an indictment charging him with killing an Indian man and assaulting another Indian man, causing him to suffer serious bodily injury on March 2, 2014. The indictment alleged that Lucero committed these crimes while driving under the influence of alcohol in Indian Country in Taos County, N.M.
According to court filings, Lucero killed a Taos Pueblo man who was in Lucero’s vehicle during a crash in El Prado, N.M., while Lucero was under the influence of alcohol. Another Taos Pueblo man who was also a passenger in the vehicle sustained serious bodily injuries as a result of the crash.
During today’s change of plea hearing, Lucero pled guilty to the indictment. At sentencing, Lucero faces a statutory maximum penalty of ten years in federal prison. Maximum potential sentences are prescribed by Congress and are provided for information purposes only. The sentence on Lucero will be determined by the court. Lucero 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 Northern Pueblos Agency of the BIA’s Office of Justice Services and the Taos Pueblo Department of Public Safety. Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the case.
Prior Felon from Edgewood Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Eric Wolf, 32, of Edgewood, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to violating the federal firearms laws.
Wolf was arrested on June 3, 2014, on an indictment charging him with three counts of unlawfully possessing firearms and ammunition on Jan. 8, 2014. It also charged Wolf with possessing stolen firearms from Dec. 13, 2013 through Jan. 8, 2014. At the time, Wolf was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses including forgery, receiving or transferring a stolen vehicle, possession of a controlled substance, identity theft, conspiracy to commit theft of credit card, conspiracy to commit arson and burglary.
During today’s proceedings, Wolf pled guilty to Count 3 of the indictment charging him with being a felon in possession of firearms on Jan. 8, 2014, in Santa Fe County, N.M. In his plea agreement, Wolf admitted to directing law enforcement officers to an arroyo in the vicinity of highways NM 344 and NM 14 where he had buried five stolen firearms.
At sentencing, Wolf faces a statutory maximum penalty of ten years in federal prison to be followed by a maximum of three years of supervised release. A sentencing hearing has yet to be scheduled.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Santa Fe County Sheriff’s Department and the Edgewood Police Department. Assistant U.S. Attorney David M. Walsh is prosecuting the 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 Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Joshua Almaguer, 33, of Las Cruces, N.M., pled guilty this morning in Las Cruces federal court to methamphetamine trafficking charges. Under the terms of his plea agreement, Almaguer will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court.
Almaguer is one of three residents of Las Cruces who were charged in a four-count indictment that was filed in June 2014. Almaguer and co-defendant David Enriquez, 27, were arrested in Aug. 2014; their co-defendant Renelle Serna, 24, previously had been arrested in July 2014. The indictment charged the trio with trafficking methamphetamine in Doña Ana County, N.M., in May 2014.
During today’s proceedings, Almaguer pled guilty to two counts of distributing methamphetamine in May 2014. In entering his guilty plea, Almaguer admitted that he and his co-defendants distributed approximately 42 grams of methamphetamine to an undercover agent on May 20, 2014.
Serna pled guilty on Jan. 6, 2014, to a felony information charging her with two counts of distributing methamphetamine and two counts of possession of more than 50 grams of methamphetamine with intent to distribute. In entering her guilty plea, Serna admitted that she and her co-defendants distributed methamphetamine to an undercover agent on two occasions on May 20, 0214. The first distribution involved 14 grams of methamphetamine and the second involved 28 grams. Serna also admitted that she possessed 146 grams of methamphetamine on May 23, 2014, and 134.6 grams of methamphetamine on July 25, 2014, with the intention of distributing the drugs to others.
On Feb. 4, 2015, Enriquez pled guilty to Counts 1 and 2 of the indictment charging him with distributing methamphetamine on two occasions in May 2014. In entering his guilty plea, Enriquez admitted distributing a gram of methamphetamine to an undercover agent on May 9, 2014. Enriquez also admitted that he and his co-defendants distributed 14 grams of methamphetamine to an undercover agent on May 20, 2014.
At sentencing, Enriquez faces a statutory maximum penalty of 20 years in prison, and Serna faces a minimum of five years and a maximum of 40 years in prison. All three defendants remain in federal custody pending their 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 (RIDTF)/Metro Narcotics Task Force. The case 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 and the Doña Ana County Sheriff’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.
Doña Ana County Clerk’s Office Employee Arrested on Federal Theft and Identity Fraud ChargesRead the Press Release
ALBUQUERQUE – Maria L. Ceniceros, 42, of Las Cruces, N.M., made her initial appearance in federal court this morning on a criminal complaint charging her and a co-defendant with theft of government property and aggravated identity theft charges. Ceniceros remains in federal custody pending a preliminary hearing and detention hearing which are scheduled for June 5, 2015.
The criminal complaint charges Ceniceros and Armando Gutierrez-Torres, 50, a Mexican national who resides in Delicias, Mexico, with conspiracy to commit theft of government property and aggravated identity theft. The charges in the complaint allegedly arise out of a scheme to steal money from the United States by using the identities of individuals without their knowledge or consent to generate and cash fraudulent federal income tax refund checks. It alleges that Ceniceros and Gutierrez-Torres conspired with each other and others to perpetuate the scheme, and that Ceniceros abused her position as a Document Technician at the Doña Ana County Clerk’s Office to facilitate the scheme.
The criminal complaint alleges that the law enforcement authorities learned of the scheme in mid-May 2015, when Ceniceros allegedly approached a co-worker in the Doña Ana County Clerk’s Office and attempted to solicit his participation in the scheme. The co-worker reported the alleged solicitation to law enforcement authorities and agreed to assist officers in conducting an undercover investigation into Ceniceros and Gutierrez-Torres. During the investigation, Ceniceros allegedly provided three fraudulent federal income tax refund checks to the co-worker so that he could cash the checks with the understanding that the proceeds would be divided between Ceniceros, Gutierrez-Torres and the co-worker. Ceniceros and Gutierrez-Torres were arrested on related state charges on May 29, 2015.
Ceniceros was arrested on the federal charges in the criminal complaint on June 1, 2015. Gutierrez-Torres remains in state custody and will be transferred to federal custody to face the charges in the criminal complaint.
If convicted on the theft of government property charge, Ceniceros and Gutierrez-Torres each face a statutory maximum sentence of ten years in prison. If convicted on the aggravated identity theft charge, each faces a mandatory two-year prison sentence that must be served consecutive to any sentence imposed on the theft of government property charge. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by IRS Criminal Investigation and the Doña Ana County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
ceniceros_complaint.pdf (232.2 KB)
Carlsbad Man Pleads Guilty to Violating Federal Narcotics Trafficking and Firearms LawsRead the Press Release
ALBUQUERQUE – Jacob J. Loredo, 29, of Carlsbad, N.M., pled guilty yesterday in federal court in Las Cruces, N.M., to violating federal firearms and drug trafficking laws.
Loredo was arrested on Feb. 19, 2015, and charged in a criminal complaint with conspiracy to possess methamphetamine with intent to distribute in Eddy County, N.M. According to the criminal complaint, on that day, agents with the Pecos Valley Drug Task Force executed a search warrant on Loredo’s residence and vehicle where they seized ammunition, two firearms, $4,955.00 in cash, approximately an ounce of methamphetamine, scales and other drug paraphernalia. According to court documents, at the time, Loredo was prohibited from possessing firearms or ammunition because he previously had been convicted of possession of cocaine, a felony offense.
During yesterday’s proceedings, Loredo pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute and being a felon in possession of a firearm. Loredo admitted that on Feb. 19, 2015, law enforcement officers recovered methamphetamine and two firearms from his residence in Carlsbad.
At sentencing, Loredo 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. Under the terms of his plea agreement, Loredo also is required to forfeit the $4,995.00 seized from this residence as well as the firearms and ammunition. Loredo remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA and the Pecos Valley Drug Task Force, and is being prosecuted by Assistant U.S. Attorney Alexander B. Shapiro 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.
Albuquerque Man Sentenced to 97 Months for Conviction on Witness Tampering and Cocaine Trafficking ChargesRead the Press Release
ALBUQUERQUE – George Roybal, 53, of Albuquerque, N.M., was sentenced late yesterday afternoon in federal court to 97 months in prison followed by three years of supervised release for his conviction on witness tampering and cocaine trafficking charges.
George Roybal was one of 19 defendants charged with drug trafficking and money laundering charges in a 60-count indictment that was filed in Dec. 2012. The indictment was superseded twice; first in Feb. 2014, to add a 20th defendant and a witness tampering charge, and again in Sept. 2014, to add another witness tampering charge and a heroin trafficking charge.
The charges filed in the case were the result of a 16-month multi-agency investigation into a drug trafficking organization headed by Christopher Roybal, 35, of Albuquerque, N.M., which was led by the FBI, IRS and Albuquerque Police Department with assistance from the DEA, the HIDTA Region I Narcotic Task Force and the Bernalillo County Sheriff’s Office. The investigation, code-named “Operation Rain Check,” was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program. OCDETF is 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.
The original indictment charged Christopher Roybal and ten others, including George Roybal, with conspiracy to distribute large quantities of cocaine in New Mexico between Aug. 2011 and Dec. 2012. It also charged Christopher Roybal and nine others with conspiracy to distribute marijuana between Oct. 2011 and Dec. 2012. Additionally, the indictment included three separate money laundering conspiracies, 22 money laundering offenses, and 18 “telephone counts,” offenses alleging the use of a communications device to facilitate a drug trafficking offense. The indictment was superseded in Feb. 2014, to add a new charge against George Roybal, alleging that he threatened an FBI informant to prevent the informant from testifying at the trial of this case which was then scheduled to begin on May 19, 2014. It was superseded again in Sept. 2014, to add two new charges against defendant Kenneth Ulibarri, 36, of Albuquerque. The new charges alleged that Ulibarri attempted to murder an FBI informant to prevent that informant from testifying at the trial of this case which was then scheduled to begin on Nov. 10, 2014, and with distributing heroin in Bernalillo County, N.M., in May 2014.
On Jan. 14, 2015, George Roybal pled guilty to witness tampering and conspiracy to distribute cocaine. In entering his guilty plea, George Roybal admitted that from Aug. 2011 through Dec. 2012, he conspired with Christopher Roybal and others to distribute cocaine in the Albuquerque area. George Roybal further admitted that on Nov. 13, 2013, he threatened to harm a person who was working with law enforcement.
This case was investigated by the FBI, IRS Criminal Investigation and the Albuquerque Police Department, with assistance from the DEA, the HIDTA Region I Narcotics Task Force and the Bernalillo County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorneys Joel R. Meyers and Shana B. Long. Assistant U.S. Attorney Stephen R. Kotz is responsible for litigating the related civil asset forfeiture actions.
The HIDTA Region I Narcotics Task Force is comprised of the Albuquerque Police Department, Albuquerque office of the DEA, Pojoaque Tribal Police Department, Rio Rancho Police Department, Sandoval County Sheriff’s Office and the Valencia County Sheriff’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.
Santa Fe Man Pleads Guilty to Federal Oxycodone and Marijuana Trafficking ChargesRead the Press Release
ALBUQUERQUE – Ashraf Nassar, 31, of Santa Fe, N.M., pled guilty today in federal court in Albuquerque, N.M., to participation in conspiracies to distribute Oxycodone and marijuana.
Nassar and co-defendants Phillip Anaya, 38, Daniel Trujillo, 32, Krystal Holmes, 29, and Sarah Romero, 36, are five Santa Fe residents charged in Sept. 2013, with participating in an Oxycodone trafficking ring in a 16-count indictment. The indictment subsequently was superseded in Oct. 2013, to include two additional defendants, Clarence Lee Cline, II, 66, and Mary Ann DeStefano, 53, both also of Santa Fe, and adding five new charges including conspiracy to distribute marijuana, manufacturing marijuana and maintaining a place for the purpose of manufacturing marijuana.
Nassar, Anaya, Trujillo, Holmes and Romero were arrested in Sept. 2013 as part of a multi-agency law enforcement operation that included the execution of search warrants at three residences and a business in Santa Fe. The investigation, “Operation High Desert Bash,” was initiated in Jan. 2013 by the DEA’s Tactical Diversion Squad in Albuquerque, N.M., the Santa Fe Police Department and HIDTA Region III Narcotics Task Force in response to the epidemic increase in prescription drug abuse, addiction and overdose deaths in New Mexico, particularly among teens and young adults.
Operation Desert Bash investigation 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. The investigation primarily targeted a drug trafficking organization unlawfully distributing quantities of Oxycodone in Santa Fe County. Oxycodone is an opioid narcotic pain reliever similar to morphine that is medically prescribed to treat moderate to severe pain and can be habit-forming. Officers seized approximately 7300 mg of Oxycodone during the investigation.
Count 1 of the 21-count superseding indictment charged the Nassar, Anaya, Trujillo, Holmes and Romero with conspiracy to distribute Oxycodone in Santa Fe County between Dec. 2012 and Sept. 2013. Counts 2 through 4 charged Nassar, Anaya and Holmes with substantive Oxycodone distribution offenses, Nassar, Anaya, Trujillo, Holmes and Romero were charged with using telephones to facilitate drug trafficking crimes in Counts 5 through 17. Count 18 charged Nassar, Cline and DeStefano with conspiracy to distribute marijuana. Counts 19 through 21 charged Cline and DeStefano with conspiracy to distribute marijuana, conspiracy to maintain a place for the purpose of manufacturing marijuana and maintaining a place for the purpose of manufacturing marijuana.
During today’s proceedings, Nassar pled guilty to two counts of the superseding indictment; conspiracy to traffic Oxycodone and marijuana. In entering the guilty plea, Nassar admitted that from Dec. 8, 2012 through Sept. 26, 2013, in Santa Fe he received Oxycodone from multiple sources of supply and would in turn provide that Oxycodone to re-distributers and users. Nassar also admitted that from Jan. 2, 2013 through Sept. 23, 2013, he was supplied “high grade” marijuana which he would then redistribute to other lower-level redistributors.
All but one of Nassar’s co-defendants have entered guilty pleas. Anaya pled guilty on Nov. 19, 2014, and was sentenced on April 9, 2015, to 46 months in prison followed by three years of supervised release. Trujillo pled guilty on Jan. 30, 2015, and was sentenced on April 2, 2015, to 18 months in prison followed by three years of supervised release. Romero pled guilty on Oct. 28, 2014, and was sentenced on March 26, 2015, to 18 months in prison followed by three years of supervised release. Holmes pled guilty on May 26, 2015, and DeStefano pled guilty on March 27, 2015, sentencing hearings have yet to be scheduled.
Cline has entered a plea of not guilty and is awaiting trial. Charges in indictments are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Tactical Diversion Squad of the DEA’s Albuquerque office, the Santa Fe Police Department and the HIDTA Region III Drug Enforcement Task Force, and is being prosecuted by Assistant U.S. Attorneys Shammara H. Henderson and Joel R. Meyers.
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.
The HIDTA Region III Drug Enforcement Task Force is comprised of officers from the New Mexico State Police, Santa Fe Police Department and Santa Fe County Sheriff’s Office. It is part of the High Intensity Drug Trafficking Areas (HIDTA) program which 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.
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.
Rio Rancho Man Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Leondro Urioste, 31, of Rio Rancho, N.M., was sentenced today in federal court in Albuquerque, N.M., to five years in prison followed by five years of supervised release for his possession of a firearm in furtherance of a drug trafficking crime conviction.
Urioste was arrested on Dec. 8, 2014, and charged in a criminal complaint with being a felon in possession of a firearm on Oct. 16, 2014, in Bernalillo County, N.M. According to the complaint, deputies of the Bernalillo County Sheriff’s Office recovered approximately 14 grams of methamphetamine, drug paraphernalia, and multiple firearms and rounds of ammunition from Urioste’s vehicle following a routine traffic stop. According to court documents, Urioste was prohibited from possessing firearms or ammunition because he previously had been convicted of attempted forgery.
Urioste was subsequently indicted on Dec. 16, 2014, and charged with being a felon in possession of firearms and ammunition, possession of methamphetamine with intent to distribute, and possession of a firearm in furtherance of a drug trafficking crime. The indictment alleges that the crimes took place on Oct. 16, 2014, in Bernalillo County.
On March 2, 2015, Urioste pled guilty to possessing a firearm in furtherance of a drug trafficking crime. In entering the guilty plea, Urioste admitted that on Oct. 16, 2014, he was stopped by deputies of the Bernalillo County Sheriff’s Office and was found to be in possession of methamphetamine and a handgun. Urioste further admitted that the handgun was hidden in his dashboard, and that he possessed the firearm as a tool and in relation to his illegal drug trafficking.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Rumaldo R. Armijo prosecuted the case.
Navajo Man Sentenced to Prison for Federal Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Berland Thomas, 44, an enrolled member of the Navajo Nation who resides in Mexican Springs, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 24 months in prison followed by three years of supervised release for his involuntary manslaughter conviction.
Thomas was arrested on June 9, 2014, on a criminal complaint charging him with murder. According to the complaint, Thomas allegedly killed a Navajo man by beating him with his fists during an alcohol-fueled fight. The fight occurred on June 6, 2014, on the Navajo Indian Reservation in McKinley County, N.M. Thomas was subsequently indicted on June 24, 2014, and charged with second degree murder.
On Feb. 20, 2015, Thomas pled guilty to an involuntary manslaughter charge and admitted assaulting the victim by striking, beating and wounding him. Thomas acknowledged that the victim died as a result of injuries suffered during the assault.
This case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Kyle T. Nayback prosecuted the case.
Mescalero Apache Man Sentenced for Assaulting Intimate PartnerRead the Press Release
ALBUQUERQUE – Sonny Roy Valdez, 20, a member and resident of the Mescalero Apache Nation, was sentenced today in federal court in Las Cruces, N.M., to 30 months in federal prison followed by three years of supervised release for his federal assault conviction. Valdez was also ordered to pay $3,028.00 in restitution to the victim of his crime.
Valdez was arrested on June 5, 2014, on a criminal complaint charging him with assault resulting in serious bodily injury. According to the criminal complaint, Valdez assaulted his intimate partner, a Mescalero Apache woman, on May 27, 2014, by biting off part of her lip. The victim’s injuries required medical treatment and hospitalization. The offense occurred within the Mescalero Apache Reservation in Otero County, N.M.
On Nov. 12, 2014, Valdez pled guilty to a felony information charging him with assault resulting in serious bodily injury and admitted assaulting the victim. His guilty plea was entered without the benefit of a plea agreement.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
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 Federal Prison for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Albert Johnny Mondragon, 38, of Roswell, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 84 months in prison followed by four years of supervised release for trafficking methamphetamine in Lea County, N.M.
Mondragon was arrested on federal charges in Roswell on May 27, 2014, based on a criminal complaint charging him with possession of methamphetamine with intent to distribute. According to the complaint, Mondragon committed the offense on March 7, 2014, in Hobbs, N.M.
Mondragon subsequently was charged on Oct. 7, 2014, in a two-count indictment with possession of methamphetamine with intent to distribute and being a felon in possession of a firearm and ammunition.
On Jan. 14, 2015, Mondragon pled guilty to possession of methamphetamine with intent to distribute. In entering the guilty plea, Mondragon admitted that he was stopped by officers in Hobbs on March 7, 2014, and the officers found approximately 222.98 grams of methamphetamine in the back of his vehicle.
This case was investigated by the Las Cruces offices of the DEA and the Bureau of Alcohol, Tobacco and Firearms and the Lea County Drug Task Force, with assistance from the 5th Judicial District Attorney’s Office. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office prosecuted this case.
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 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.
Mescalero Apache Man Sentenced for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Clay Samson Geronimo, 27, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 30 months in federal prison followed by three years of supervised release for his federal assault conviction. Geronimo was also ordered to pay $1,216.00 in restitution to cover medical expenses for the victim of his crime.
Geronimo was arrested on Feb. 21, 2014, on a criminal complaint alleging that he assaulted a Mescalero Apache woman on Jan. 12, 2014, on the Mescalero Apache Reservation in Otero County, N.M., and caused her to suffer serious bodily injuries. Geronimo was indicted on May 14, 2014, and charged with assault resulting in serious bodily injury.
Court filings reflect that on Jan. 12, 2014, Geronimo assaulted the victim by striking her in the face with his fists. As a result of the assault, the victim sustained a fractured eye socket and fractured nasal bones, which required surgical treatment. Geronimo was arrested on tribal charges on Jan. 12, 2014, and entered a no contest plea in Mescalero Tribal Court.
Geronimo pled guilty to the indictment on Oct. 10, 2014, without the benefit of a plea agreement.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
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.
Federal Jury Finds Deming Man Guilty of Conspiring to Transport Illegal AliensRead the Press Release
ALBUQUERQUE – Yesterday afternoon, a federal jury sitting in Las Cruces, N.M., found Jose Efrain Cavazos, 67, of Deming, N.M., guilty of conspiracy to transport illegal aliens. The guilty verdict was announced by U.S. Attorney Damon P. Martinez and El Paso Sector Chief Border Agent Jeffrey D. Self of the U.S. Border Patrol.
Cavazos was arrested on Nov. 20, 2014, and charged in a criminal complaint with conspiracy to transport illegal aliens. He subsequently was indicted on Feb. 18, 2015, and charged with the same crime. Trial against Cavazos commenced on May 27, 2015, and concluded yesterday afternoon when the jury returned a guilty verdict on the sole count of the indictment.
The evidence at trial established that on Nov. 19, 2014, Border Patrol Agents came upon six individuals lying on the ground north of Mile Marker 69 on New Mexico State Road 9 in Luna County, N.M. Questioning by the agents revealed that the individuals were unlawfully in the United States. The agents recovered a cellular phone from one of the undocumented aliens. The agents then used the cellular phone number and arranged to be picked up on Interstate 10 in New Mexico by the person who answered the phone. The following day Cavazos was arrested when he arrived to pick up an individual he believed to be an undocumented alien, but were in fact Border Patrol Agents.
The jury deliberated approximately two hours before returning its guilty verdict.
Cavazos faces a statutory maximum penalty of ten years in federal prison followed by up to three years of supervised release.
This case was investigated by the Deming Border Patrol Station of the U.S. Border Patrol and is being prosecuted by Assistant U.S. Attorneys Luis A. Martinez and Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office.
Andrew Steven Romero Charged with Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Andrew Steven Romero, 28, of Albuquerque, N.M., has been charged with violating the federal firearms laws in a criminal complaint filed by the FBI earlier today. The federal charges were announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI.
The criminal complaint charges Romero with being a felon in possession of firearms and ammunition. It alleges that Romero unlawfully possessed a firearm and ammunition on May 25 and May 26, 2015, in Bernalillo County, N.M. According to the criminal complaint, 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 and aggravated assault.
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 charge in the criminal complaint.
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 are mere accusations. Defendants are presumed innocent unless found guilty in a court of law.
This case 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. Assistant U.S. Attorney Kimberly A. Brawley 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.
andrew_steven_romero_criminal_complaint.pdf (2.32 MB)
Iyanbito Man Sentenced for Federal Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Kameron Lee Frank, 22, an enrolled member of the Navajo Nation who resides in Iyanbito, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 37 months in prison for his involuntary manslaughter conviction. He will be on supervised release for three years after he completes his prison sentence. Frank was also ordered to pay $4,542.00 in restitution to the family of the victim.
Frank was arrested on July 21, 2014, on a criminal complaint charging him with involuntary manslaughter. According to the complaint, Frank killed a Navajo man who was a passenger in his vehicle when he crashed and rolled his pickup truck while driving under the influence of alcohol. The crash occurred on May 23, 2014, in a location within the Navajo Indian Reservation in McKinley County, N.M.
On Jan. 2, 2015, Frank admitted killing the victim by driving recklessly while under the influence of alcohol which rendered him incapable of exercising clear judgment and a steady hand in operating a vehicle. Frank acknowledged that he operated the vehicle without using due caution and with a reckless disregard that imperiled the lives of others.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Former Owner of Gallup-Based Oil Distributor Sentenced to Prison for Federal Bankruptcy Fraud ConvictionRead the Press Release
ALBUQUERQUE – Michael P. Mataya, 64, of Thoreau, N.M., was sentenced late yesterday afternoon in federal court in Albuquerque, N.M., to 24 months in prison followed by one year of supervised release for his bankruptcy fraud conviction. Mataya also was ordered to pay restitution in the amount of $265,830.00 to the victims of his offense, who were creditors of his bankrupt company.
Mataya was the sole owner of Indian Capitol Distributing, Inc. (Indian Capitol), a Gallup-based oil and gas distributor, and Mataya’s Travel Plaza, a truck stop in Gallup, N.M. He was indicted on Feb. 26, 2014, and charged with three counts of bankruptcy fraud. Counts 1 and 2 of the indictment charged Mataya with making materially false statements under oath on May 5, 2009 and May 28, 2009, before the U.S. Bankruptcy Court in bankruptcy proceedings involving Indian Capitol. Count 3 charged Mataya with fraudulently transferring assets belonging to Indian Capitol to Mataya’s Travel Plaza.
On Jan. 16, 2015, Mataya pled guilty to Count 2 of the indictment. According to Mataya’s plea agreement, Indian Capitol filed for bankruptcy in April 2009. At the time, the company had dozens of creditors. After the bankruptcy court entered an order permitting Indian Capitol to use cash collateral during an emergency period on the condition that it not transfer assets to any entity owned by Mataya, Mataya provided false testimony before the court to conceal the fact that Indian Capitol was delivering fuel to Mataya’s Travel Plaza without payment in violation of the court’s order.
According to court documents, to disguise the illegal transfer of $265,380.00 of property from the bankruptcy estate of Indian Capitol to his other company, Mataya’s Travel Plaza, Mataya invented a company called Capitol Excavating. Over the course of two hearings in the bankruptcy case, Mataya testified under oath that Capitol Excavating was a long-established account of Mataya’s Travel Plaza and that Capitol Excavating had turned to purchasing fuel from Indian Capitol after its bankruptcy filing. The fiction of Capitol Excavating was exposed when one of the creditors hired an accountant and consultant to look into the financial affairs of Indian Capitol. After conducting an investigation of Capitol Excavating, the accountant and consultant testified in court that there was no company registered in either New Mexico or Colorado under the name of Capitol Excavating.
In entering his guilty plea, Mataya admitted falsely testifying because he knew that the court would not permit the transfer of fuel from Indian Capitol to Mataya’s Travel Plaza. He also admitted falsifying invoices and bills of lading to conceal this unlawful transfer of assets. He acknowledged that the total value of the fuel unlawfully transferred to Mataya’s Travel Plaza was $265,830.00.
This case was referred for prosecution by the office of the U.S. Trustee and was investigated by the Albuquerque Division of the FBI. The case was prosecuted by Assistant U.S. Attorney C. Paige Messec.
Albuquerque Man Sentenced to Federal Prison for Unlawful Possession of Firearms and AmmunitionRead the Press Release
ALBUQUERQUE – Aaron Ortiz, 31, of Albuquerque, N.M., was sentenced today in federal court to 92 months in prison followed by three years of supervised release for violating the federal firearms laws.
Ortiz was arrested in June 2014, and charged in an indictment with unlawfully possessing a pistol with an obliterated serial number and ammunition. At the time of his arrest, Ortiz was prohibited from possessing firearms or ammunition because he previously had been convicted of armed robbery.
On Jan. 20, 2015, Ortiz entered a guilty plea to the indictment without the benefit of a plea agreement.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department. Assistant U.S. Attorney Paul Mysliwiec prosecuted the case.
Albuquerque Man Pleads Guilty to Federal Heroin Trafficking ChargesRead the Press Release
ALBUQUERQUE – Victor Sanchez, Jr., 45, of Albuquerque, N.M., pleaded guilty this morning in federal court to heroin trafficking charges under a plea agreement with the U.S. Attorney’s Office. Under the terms of his plea agreement, Sanchez will be sentenced to 60 months in prison followed by a term of supervised release to be determined by the court.
During today’s proceedings, Sanchez pled guilty to a felony information charging him with possession of heroin with intent to distribute. In entering the guilty plea, Sanchez admitted that on Oct. 28, 2013, deputies of the Bernalillo County Sheriff’s Office executed a search warrant at his residence where they seized approximately 240 grams of heroin. Sanchez further admitted that when deputies approached his residence he attempted to flush the heroin down a toilet but deputies entered the bathroom before he could do so.
Sanchez was remanded into the custody of the U.S. Marshalls Service pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Bernalillo County Sheriff’s Office and is being prosecuted by Assistant U.S. Attorney Nicholas Jon Ganjei.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaboration 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.
Prior Felon from Rio Rancho Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Nicholas Ray Leyba, 35, of Rio Rancho, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to violating the federal firearms laws. The guilty plea was entered without the benefit of a plea agreement.
Leyba was arrested on Feb. 5, 2015, by the Albuquerque Police Department following a SWAT operation involving another crime allegedly committed by Leyba. At the time of his arrest, Leyba had a loaded firearm next to him.
Leyba was transferred into federal custody on Feb. 25, 2015, based on a criminal complaint alleging that he was a felon in possession of a firearm. Leyba subsequently was indicted on Feb. 25, 2015, on that same charge. At the time of his arrest, Leyba was prohibited from possessing firearms or ammunition because he previously had been convicted of the felony offenses of false imprisonment and aggravated assault against a household member with a firearm.
During today’s proceedings, Leyba pled guilty to the indictment and admitted possessing a firearm and ammunition on Feb. 5, 2015.
At sentencing, Leyba faces a maximum statutory penalty of ten years in federal prison. He remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department. Assistant U.S. Attorney Lynn Wei-Yu Wang is prosecuting this case.
Leyba 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.
Navajo Man from Tohatchi Pleads Guilty to Federal Aggravated Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – Donald Norton, 46, an enrolled member of the Navajo Nation who resides in Tohatchi, N.M., pled guilty this afternoon in federal court in Albuquerque, N.M., to a felony information charging him with sexually abusing a minor child. Under the terms of his plea agreement, Norton will be sentenced within the range of 15 to 25 years in prison followed by not less than five years of supervised release. Norton will be required to register as a sex offender after completing his prison sentence.
Norton was arrested on Dec. 2, 2013, on an indictment alleging that he sexually abused the victim in Dec. 2009, and from May 2010 through Aug. 2010, in Indian Country in McKinley County, N.M.
During today’s change of plea hearing, Norton entered a guilty plea to an aggravated sexual abuse charge. In entering his guilty plea, Norton admitted sexually molesting a child in Dec. 2009. Norton committed the crime within the Navajo Indian Reservation.
Norton has been in the custody of the U.S. Marshals Service since his arrest and will remain detained pending his sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the Navajo Nation Division of Public Safety. The case is being prosecuted by Assistant U.S. Jacob Wishard 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/.
Cedar Crest Man Sentenced to Federal Prison for Unlawful Possession of a Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Elliot Sanchez, 46, of Cedar Crest, N.M., was sentenced today in federal court in Albuquerque, N.M., to 34 months in prison followed by three years of supervised release for violating the federal firearms laws.
Sanchez was arrested on June 17, 2014, on an indictment charging him with being a felon in possession of a firearm and ammunition on Feb. 1, 2014, in Bernalillo County, N.M.
On Feb. 27, 2015, Sanchez pled guilty to the indictment and admitted that on Feb. 1, 2014 he possessed a .45 caliber pistol and .45 caliber ammunition. Sanchez admitted that at the time he was not supposed to be in possession of firearms or ammunition because he previously had been convicted of a felony.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department. Assistant U.S. Attorney Paul Mysliwiec prosecuted the case.
Statement by U.S. Attorney Damon P. Martinez on the Fatal Shooting of Rio Rancho Police Officer Gregg BennerRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez released the following statement today regarding the fatal shooting of Gregg Benner, 49, a Police Officer with the Rio Rancho Police Department:
“The fatal shooting of Officer Gregg Benner strikes at the very core of the values we hold dear. Officer Benner was a committed and courageous public servant, dedicated to our community and was devoted to our security. He exemplified the very best that our Country has to offer in the performance of his duties. The thoughts and prayers of the law enforcement community are with Officer Benner’s family and loved ones throughout this difficult time. As we go forward, the Department of Justice intends to honor his service and sacrifice by continuing to fight for our shared values, and defending the American people he proudly served.
“The murder of this man is a devastating reminder that the work our brave police officers perform every day is extremely dangerous, profoundly heroic, and deeply deserving of our unequivocal support. All Americans owe these courageous public servants a debt of gratitude.”
Six Southeast New Mexico Residents and a Texan Facing Federal Firearms and Narcotics ChargesRead the Press Release
ALBUQUERQUE – Investigations by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Lea County Drug Task Force and the Pecos Valley Drug Task Force have resulted in the filing of federal charges against six individuals who reside in southeastern New Mexico and a Texan. Five of the seven defendants were arrested yesterday and made their initial appearances in federal court in Las Cruces, N.M., this morning. The other two are in state custody and will be transferred to federal custody to face the charges against them.
Dessi Timothy Burton, 22, of Odessa, Texas, was arrested on a criminal complaint charging him with being a felon in possession of a firearm on Sept. 30, 2014, in Lea County. The criminal complaint alleges that Burton unlawfully possessed firearms while attempting to sell a semi-automatic pistol, two semi-automatic rifles, a shotgun and ammunition to an undercover officer. At the time Burton was prohibited from possessing firearms or ammunition because he previously had been convicted of child abuse and possession of a controlled substance.
Michael Gibson, 26, of Lovington, N.M., was arrested on a criminal complaint charging him with possession of methamphetamine with intent to distribute and using a firearm in furtherance of a drug trafficking crime in Lea County, N.M., in Sept. 2014. The criminal complaint alleges that on Sept. 10, 2014, Gibson sold approximately two ounces of methamphetamine to another person on Sept. 10, 2014, in Hobbs, N.M. Gibson allegedly displayed a handgun while negotiating the drug deal.
Shawn Hedgecock, 43, of Carlsbad, N.M., is charged in a criminal complaint with being a felon in possession of a firearm, and possession of an unregistered firearm with an obliterated serial number on Feb. 9, 2015, in Eddy County, N.M. The criminal complaint alleges that on Feb. 9, 2015, officers went to Hedgecock’s residence for the purpose of executing state court warrants for Hedgecock’s arrest. During a consensual search of the residence, the officers allegedly seized an unregistered sawed off shotgun and ammunition. Hedgecock was prohibited at the time from possessing firearms or ammunition because he previously had been convicted of the following felony offenses: possession of methamphetamine, possession of drug paraphernalia, concealing identity, and tampering with evidence. Hedgecock is in state custody on other charges and will be transferred to federal custody to face the charges in the criminal complaint.
The criminal complaint against Jared Taylor Pendleton, 30, and Jasmine Tapia, 19, both of Hobbs, N.M., charges Pendleton with being a felon in possession of a firearm, and charges both Pendleton and Tapia with possession of a sawed-off shotgun in Lea County. According to the criminal complaint, on Oct. 23, 2013, Tapia assisted Pendleton in selling an unregistered sawed-off shotgun to an undercover officer. At the time, Pendleton was prohibited from possessing firearms or ammunition because he previously had been convicted of fraud and the unlawful taking of a vehicle. Pendleton was arrested yesterday. Tapia is in state custody on related charges and will be transferred to federal custody to face the charges in the criminal complaint.
Daniel Ramirez, 19, of Hobbs, N.M., was arrested on a criminal complaint charging him with possession of a firearm with an obliterated serial number and using a firearm in furtherance of a drug trafficking crime on Dec. 12, 2014, in Lea County. The criminal complaint alleges that on Dec. 12, 2014, Ramirez was arrested for resisting officers and was found to be in possession of a semi-automatic handgun with an obliterated serial number, ammunition, approximately 11 ounces of cocaine, approximately 9.5 ounces of marijuana, and $420.00 cash.
Jestin White, 22, of Hobbs, N.M., was arrested on a criminal complaint charging him with possession of a controlled substance with intent to distribute on May 19, 2015, in Lea County. The complaint alleges that from Sept. 4, 2014 through May 19, 2015, White sold approximately 411.1 grams of cocaine, a .22 caliber rifle and ammunition to undercover law enforcement.
If convicted of the charges against them, each of the defendants faces a statutory maximum of ten years in federal prison on the firearms charges. If convicted on the narcotics charges against them, Gibson and White each faces a statutory maximum penalty of 20 years in federal prison. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
These cases were investigated by the Las Cruces and Roswell offices of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Lea County Drug Task Force and the Pecos Valley Drug Task Force with assistance from the 5th Judicial District Attorney’s Office. The U.S. Marshals Service assisted in yesterday’s law enforcement operation. Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
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 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 two task forces are part of the New Mexico 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.
Today’s law enforcement action and arrests were undertaken 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. This initiative recognizes that on a per capita basis, New Mexico’s violent crime rates significantly exceed the national average.
Arizona Man Pleads Guilty to Trafficking Methamphetamine in New MexicoRead the Press Release
ALBUQUERQUE – Emery Lee Begay, 31, of Lakeside, Ariz., pleaded guilty today in federal court in Albuquerque, N.M., to conspiracy to distribute methamphetamine in Socorro and Catron Counties, N.M. Under the terms of his plea agreement, Begay will be sentenced to 60 months in federal prison followed by not less than three years of supervised release.
Begay and his co-defendant Jorge Luis Garcia-Valenzuela, 22, a Mexican national residing in Lakeside, Ariz., were arrested on Oct. 25, 2014, after they traveled to Quemado, N.M., with the intention of selling methamphetamine and marijuana to undercover officers. According to the complaint, on Aug. 19, 2015, Begay delivered approximately 22.6 grams of methamphetamine and approximately three kilograms of marijuana to the undercover officers in Socorro, N.M., after Garcia-Valenzuela allegedly negotiated the drug deal with the officers. The complaint also alleges that Garcia-Valenzuela and Begay were arrested on Oct. 25, 2014, in Quemado when they arrived to consummate a drug deal with the undercover officers. The officers allegedly seized approximately 800 grams of methamphetamine and more than eight kilograms of marijuana when they arrested the two men.
Begay and Garcia-Valenzuela were subsequently indicted on Nov. 19, 2014, and charged with conspiracy to distribute methamphetamine and marijuana, distribution of methamphetamine and marijuana, and possession of methamphetamine and marijuana with intent to distribute. According to the indictment, the offenses were committed between Aug. 19, 2014 and Oct. 25, 2014, in Socorro and Catron Counties.
During today’s proceedings, Begay pled guilty to a felony information charging him with conspiracy to possess methamphetamine with intent to distribute. Begay has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
Garcia-Valenzuela has entered a plea of not guilty to the complaint and indictment. He remains in federal custody pending his trial which is currently scheduled for July 2015. If convicted on the charges in the indictment, Garcia-Valenzuela faces a statutory mandatory minimum of ten years and a maximum of life in prison. Charges in indictments and complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque and Gallup offices of the FBI, the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Ramah Navajo Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
Rio Rancho Man Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Richard A. Archuleta, 38, of Rio Rancho, N.M., pleaded guilty today to being a felon in possession of firearms and ammunition. Under the terms of the plea agreement, the United States will recommend that Archuleta be sentenced to not more than eight years in federal prison.
Archuleta was arrested in Aug. 2014, based on an indictment filed on Sept. 25, 2013, charging him with unlawfully possessing firearms and ammunition on June 3, 2013, in Bernalillo County, N.M. The indictment subsequently was superseded on Oct. 7, 2014, to include an additional charge of being a felon in possession of firearms and ammunition on Aug. 7, 2014, in Bernalillo County. According to court filings, Archuleta was prohibited from possessing firearms or ammunition because he previously had been convicted of aggravated battery, attempted kidnapping, false imprisonment, and failure to register as a sex offender.
During today’s proceedings, Archuleta pled guilty to unlawfully possessing a firearm and ammunition on June 3, 2013. In entering the guilty plea, Archuleta admitted possessing a firearm and ammunition in the console of the vehicle he was driving when he was stopped by officers on June 3, 2013. He acknowledged that as a convicted felon, he was prohibited from possessing either the firearm or the ammunition.
Archuleta 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 Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department. Assistant U.S. Attorney David M. Walsh is prosecuting this case.
Las Cruces Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Mario A. Oros, 32, of Las Cruces, N.M., pleaded guilty today in federal court in Las Cruces to methamphetamine trafficking charges.
Oros was arrested on Feb. 20, 2015, on an indictment charging him with distributing methamphetamine on Sept. 5, 2014 and Sept. 12, 2014, in Doña Ana County, N.M. The indictment also calls for Oros to forfeit $3,000.00, representing the amount of money he derived from the drug trafficking offenses.
During today’s proceedings, Oros pled guilty to a felony information charging him with two counts of distributing methamphetamine. Oros admitted that on Sept. 5, 2014, he sold approximately 28 grams of methamphetamine to an undercover law enforcement agent for $1,000.00. He also admitted selling approximately 54 grams of methamphetamine to an undercover law enforcement agent for $2,000.00on Sept. 12, 2014. Oros admitted committing these offenses in Mesilla Park, N.M.
At sentencing, Oros faces a statutory maximum penalty of 20 years in prison followed by not less than three years of supervised release. He will also be required forfeit $3,000.00. Oros remains detained pending a sentencing hearing which has 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.
California Woman Pleads Guilty to Federal Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Hunter Dwayne Fitzgerald, Jr., 22, of Los Angeles, Calif., pleaded guilty today in federal court in Albuquerque, N.M., to a heroin trafficking charge.
Fitzgerald was arrested on April 11, 2014, at the Amtrak Train Station in Albuquerque after DEA agents found almost a pound and a half of heroin concealed in her baggage during an interdiction investigation. Fitzgerald was subsequently indicted on May 7, 2014, and charged with possession of heroin with intent to distribute on April 11, 2014, in Bernalillo County, N.M.
During today’s proceedings, Fitzgerald pled guilty to the indictment without the benefit of a plea agreement.
At sentencing, Fitzgerald faces a statutory maximum penalty of 20 years in federal prison. A sentencing hearing has yet to be scheduled.
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 Rumaldo R. Armijo 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.
Two More Plead Guilty to Defrauding the Federal Food Stamp ProgramRead the Press Release
ALBUQUERQUE – Two defendants in a six-defendant case have entered guilty pleas to defrauding the federal food stamp program. Justin Quintana, 29, of Rio Rancho, N.M., plead guilty yesterday and Wilfredo Lopez, 46, of Albuquerque, N.M., entered his guilty plea earlier today. A third defendant, Joshua Moya, 33, also of Albuquerque, entered a guilty plea and was sentenced earlier this year.
Quintana and Lopez were among six defendants charged with defrauding the Food Stamp Program in a 32-count indictment that was filed in Aug. 2014. The indictment alleged that between Sept. 2009 to May 2010, Joseph Martin Padilla, 33, conspired with Quintana, Lopez, Sergio Escobedo, 36, and Veronica Hernandez, 41, to defraud the United States through the unauthorized use of Food Stamp benefits, which are currently called Supplemental Nutrition Assistance Program (SNAP) benefits. During this time, Padilla worked as a Family Assistance Analyst for the Income Support Division of the New Mexico Human Services Department where he allegedly was responsible for determining applicants’ eligibility and benefit level for SNAP benefits.
According to the indictment, SNAP is funded by the U.S. Department of Agriculture and is administered by the States. The program was created to alleviate hunger and malnutrition, and permits low income households to obtain more nutritious diet by increasing the food purchasing power for eligible households. In New Mexico, individuals qualify to participate in SNAP based on income and need by completing an application with the Income Support Division of the New Mexico Human Services Department. Once an applicant is deemed eligible for SNAP benefits by a Family Assistance Analyst, the Analyst establishes a SNAP account in the applicant’s name and electronic benefit transfers (EBT), which are determined based on income, resources and household size, are deposited into the account on a monthly basis.
Count 1 of the indictment alleges that Padilla abused his position as a Family Assistance Analyst to conspire with his co-defendants to defraud the United States through the unauthorized use of SNAP benefits. It alleges that Padilla used names and personal identifiers he obtained from his co-defendants to establish fraudulent SNAP accounts, sometimes in exchange for cash or other things of value. Count 2 alleges that Padilla established a fraudulent SNAP account and used the account to fraudulently obtain approximately $1,468.00 in SNAP benefits for himself. Counts 3 through 27 of the indictment allege that Padilla fraudulently established 25 separate SNAP accounts through which the United States was defrauded of approximately $45,263.00 in SNAP benefits. Counts 28 through 32 allege that Padilla, aided and abetted by his co-defendants, fraudulently established SNAP accounts that were used to fraudulently obtain an aggregate of $12,705.00 in SNAP benefits.
Yesterday Quintana pled guilty to Count 30 of the Indictment, and admitted meeting Padilla through co-defendant Moya and knowing that Padilla had the ability to register people to receive food stamps. Quintana admitted that he agreed to pay Padilla a fee in exchange for arranging for him to receive food stamps unlawfully. Quintana obtained $486.00 in SNAP benefits through his illegal conduct. He also received a fee for collecting SNAP applications from six other people and delivering the completed applications to Padilla for the purpose of assisting them in obtaining SPA benefits unlawfully. Quintana acknowledged that his criminal conduct caused a monetary loss to the U.S. Department of Agriculture of approximately $9,384.00.
Today Lopez entered a guilty plea to Count 32 of the indictment and admitted completing fraudulent applications for SNAP benefits in his name, another for himself in a pseudonym, and in the names of two other individuals. Lopez paid $100.00 to process each of the applications. He acknowledged that his criminal conduct caused a total monetary loss to the U.S. Department of Agriculture of approximately $8,382.00. Under the terms of the plea agreements, Quintana and Lopez each face up to six months in prison when they are sentenced. Each will be required to pay restitution. Their sentencing hearings have yet to be scheduled.
On March 9, 2015, Moya pled guilty to Count 31 of the indictment and admitted that he fraudulently obtained SNAP benefits to which he was not entitled. Moya admitted that in early Dec. 2009, Padilla provided him with an application to obtain food stamps. Moya completed the application and returned it to Padilla for processing even though he knew that he was not entitled to SNAP benefits. Moya admitted unlawfully receiving $866.00 in SNAP benefits. Moya also admitted providing another application for SNAP benefits to a family member and that his relative unlawfully received $1,578.00 in SNAP benefits. On May 6, 2015, Moya was sentenced to six months in prison, or time served, followed by three years of supervised release. Moya also was ordered to pay $2,444.00 in restitution.
Padilla, Escobedo and Hernandez have entered not guilty pleas to the charges in the indictment. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Office of Inspector General for the U.S. Department of Agriculture, and was prosecuted by Assistant U.S. Attorney Sean J. Sullivan.
Former Comptroller of Albuquerque Construction Company Pleads Guilty to Federal Fraud and Identity Theft ChargesRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Texas, announced today that Stephanie Pyle, 40, of Albuquerque, N.M., pleaded guilty to federal fraud and identity theft charges.
Pyle was charged on Feb. 10, 2015, in a 12-count indictment alleging that between Jan. 2010 and May 2014, Pyle used credit cards and account numbers in the name of a construction company without authorization and with the intent to defraud the company. Counts 1 through 6 of the indictment charged Pyle with defrauding the company of approximately $1,531,124.00 during a five-year period. Counts 6 through 12 of the indictment charged Pyle with using the identity of another person to commit the fraudulent acts charged in Counts 1 through 6. At the time of the offenses charged in the indictment, Pyle was employed as the comptroller for the Albuquerque-based construction company that was the victim of Pyle’s criminal conduct.
Today Pyle pled guilty to Counts 1 and 7 of the indictment. In her plea agreement, Pyle admitted that while working as the comptroller for the company that was the victim of her criminal conduct, she obtained a credit card in her name that was linked to a credit card account in the name of one of the co-owners of the company. Pyle changed the address on the account to reflect her home address so that her employer would not see the statements of expenditures made on the credit card. Using her position as comptroller, Pyle arranged for the company to pay off the credit card balances on a frequent basis. Pyle admitted making thousands of personal charges and purchases on the credit card that she was not authorized to make. She also admitted using the name and credit card account of her employer without authorization to facilitate her criminal conduct.
At sentencing, Pyle faces a statutory maximum penalty of ten years in prison for her conviction on Count 1 of the indictment, an access device fraud charge. She also faces a mandatory two years in prison that must be served consecutive to any sentence imposed on Count 1 for her conviction on Count 7, an aggravated identity theft charge. Pyle also will be required to pay restitution in an amount to be determined by the court which is currently estimated at $2,409,910.00.
The case was investigated by the Albuquerque office of HSI and is being prosecuted by Assistant U.S. Attorney Jeremy Peña.
Two Mexican Nationals Arrested in New Mexico on Federal Cocaine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Two Mexican nationals were arrested on May 15, 2015, after U.S. Border Patrol agents allegedly found large quantities of cocaine in their vehicles during separate routine inspections at the U.S. Border Patrol Checkpoint on Interstate 25 north of Las Cruces, N.M. J. Cesar Magallanes-Trejo, 46, and Roberto Rodriguez-Ponce, 28, made their initial appearances in Las Cruces federal court earlier today on separate criminal complaints charging them with possession of cocaine with intent to distribute. Both men remain in custody pending detention hearings which have yet to be scheduled.
The criminal complaint charging Magallanes-Trejo alleges that U.S. Border Patrol agents found approximately 11 kilograms (24 pounds) of cocaine concealed in his vehicle during a routine checkpoint inspection. According to a separate criminal complaint, Rodriguez-Ponce was arrested after U.S. Border Patrol agents found approximately 4.8 kilograms (ten and a half pounds) of cocaine concealed in a hidden compartment in his vehicle.
If convicted of the charge in his criminal complaint, Magallanes-Trejo faces a statutory mandatory minimum of ten years and a maximum of life imprisonment. If convicted of the charge against him, Rodriguez-Ponce faces a statutory mandatory minimum of five years and a maximum of 40 years in prison. Charges in complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
Both cases were investigated by the U.S. Border Patrol and the Las Cruces office of the DEA. The two cases are being prosecuted by the U.S. Attorney’s Las Cruces Branch Office; the Magallanes-Trejo case is being prosecuted by Assistant U.S. Attorney Luis A. Martinez and the Rodriguez-Ponce case is being prosecuted by Special Assistant U.S. Attorney Clara Nevarez Cobos.
Cibola County Woman Sentenced to 51 Months for Conviction on Federal Heroin and Methamphetamine ChargesRead the Press Release
ALBUQUERQUE – Rachel Chavez Basurto, 53, of Grants, N.M., was sentenced this morning to 51 months in federal prison followed by three years of supervised release for her conviction on heroin and methamphetamine trafficking charges. Basurto also was ordered to pay a $13,133.33 fine.
Basurto was arrested in March 2013, on a criminal complaint charging her with heroin and methamphetamine trafficking charges. Basurto subsequently was indicted and charged with possession of heroin with intent to distribute and possession of methamphetamine with intent to distribute. According to court filings, Basurto was arrested on March 5, 2013, after law enforcement officers executed a consensual search at her residence and seized 94.1 net grams of heroin, 11.5 grams of actual methamphetamine, drug trafficking paraphernalia, and more than $28,000 in cash.
Basurto entered a guilty plea to the two-count indictment on March 4, 2014, without the benefit of a plea agreement.
On March 22, 2014, only eighteen days after Basurto entered her guilty plea in this case and while she was on conditions of release pending her sentencing hearing, Basurto sold heroin to an individual who was working under the supervision of the Grants Police Department. On March 27, 2014, Basurto again sold heroin to the same individual. Thereafter, Basurto’s conditions of release were revoked and she has been in federal custody since that time.
This case was investigated by the Albuquerque office of the DEA and the Grants Police Department and was prosecuted by Assistant U.S. Attorneys Lynn W.Y. Wang and Linda Mott.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaboration 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.
Former Employee of Sanostee Chapter House Community Services Sentenced for Embezzlement ConvictionRead the Press Release
ALBUQUERQUE – Derek D. Smith, 32, of Sanostee, N.M., was sentenced today in federal court in federal court in Albuquerque, N.M., to a two-year term of probation for embezzling money from an Indian tribal organization. Smith also was ordered to pay $11,656.22 in restitution to the victims of his criminal conduct.
Smith pled guilty on Feb. 3, 2015, to a felony information charging him with embezzlement and theft from an Indian tribal organization. According to the information, Smith and co-defendant Theada Hunt, 44, of Newcomb, N.M., embezzled $11,656.22 which belonged to the Navajo Nation. It asserted that Smith and Hunt perpetrated their embezzlement scheme between April 2012 and July 2012, in San Juan County, N.M.
According to the plea agreement, Smith was employed as a laborer by the Sanostee Chapter House at the time he collaborated with Hunt to embezzle money belonging to the Navajo Nation. Smith admitted that Hunt provided him with forged checks made payable to Smith. Hunt then accompanied Smith when he cashed the checks, and Hunt and Smith split the proceeds.
Hunt, also a former employee of the Sanostee Chapter House, pled guilty on Dec. 22, 2014, and was sentenced on May 8, 2015, to a two-year term of probation. Hunt was ordered, jointly with Smith, to pay $11,656.22 in restitution to the Navajo Nation.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez.
Albuquerque Man Pleads Guilty to Federal Narcotics Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Jovan Martinez, 29, of Albuquerque, N.M., entered a guilty plea today in federal court to methamphetamine trafficking and firearms charges. Under the terms of his plea agreement with the U.S. Attorney’s Office, Martinez will be sentenced to 12 years in prison followed by a term of supervised release to be determined by the court.
Martinez was charged in a criminal complaint on June 17, 2014, with being a felon in possession of a firearm and ammunition. According to the complaint, Martinez was arrested by the Albuquerque Police Department (APD) for stealing a bait vehicle, and found to be in possession of a revolver and ammunition.
Martinez was indicted on July 10, 2014, and charged with being a felon in possession of a firearm and ammunition on June 16, 2014, in Bernalillo County, N.M. Martinez was prohibited from possessing firearms or ammunition because he previously had been convicted of residential burglary twice in 2007 and twice in 2008.
During today’s proceedings, Martinez pled guilty to a felony information charging him with distribution of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime. In entering the guilty plea, Martinez admitted that on June 16, 2014, he was in possession of a firearm and ammunition which he had obtained by trading $80.00 cash and some methamphetamine for the firearm. Martinez further admitted that he distributed the methamphetamine which was found in his possession.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the APD. Assistant U.S. Attorneys Lynn Wei-Yu Wang and Presiliano Torrez are prosecuting the case.
Maryland Woman Pleads Guilty to Federal Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Rosalie Theresa Ollivierre, 31, of Baltimore, Md., pleaded guilty this morning in federal court in Albuquerque, N.M., to a heroin trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Ollivierre was arrested on Jan. 12, 2015, at the Amtrak Train Station in Albuquerque after a consensual search of her baggage by DEA agents revealed that she was carrying approximately five kilograms of heroin. Ollivierre subsequently was indicted on Feb. 10, 2015, and charged with possession of heroin with intent to distribute.
During today’s proceedings, Ollivierre pled guilty to a felony information charging her with possession of heroin with intent to distribute. In entering the guilty plea, Ollivierre admitted that on Jan. 12, 2015, while traveling to Baltimore on an Amtrak train and during a stop in Albuquerque, DEA agents recovered bundles containing approximately five kilograms of heroin from her baggage.
At sentencing, Ollivierre faces a statutory maximum penalty of 20 years in federal prison. Ollivierre remains in custody pending a sentencing hearing which has yet to be scheduled.
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 Shana B. Long 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.
Las Cruces Resident Pleads Guilty to Federal Narcotics Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Eric G. Acosta, 28, a resident of Las Cruces, N.M., pled guilty today in federal court to methamphetamine trafficking and firearms charges.
Acosta and co-defendant Christopher J. Cleveland, 35, 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, Acosta pled guilty to the conspiracy charge, the substantive methamphetamine trafficking charge, and to being a felon in possession of a firearm. At sentencing, he faces a statutory mandatory minimum of ten years in federal prison. Acosta remains in custody pending his sentencing hearing, which has yet to be scheduled.
Cleveland has entered a not guilty plea to the indictment and remains in custody pending trial. Allegations 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 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. Attorneys Maria Y. Armijo and Selesia Lee Winston 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.
California Man Sentenced to Federal Prison for Failing to Register as a Sex Offender in New MexicoRead the Press Release
ALBUQUERQUE – Eric Leo Alexander, 37, of Anaheim, Calif., was sentenced today in federal court in Las Cruces, N.M., to 46 months in prison followed by five years of supervised release for violating the Sex Offender Registration and Notification Act (SORNA). The sentence was announced by U.S. Attorney Damon P. Martinez and U.S. Marshal 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.
Alexander was arrested in Anaheim, Calif., on Jan. 10, 2014, on a criminal complaint charging him with violating SORNA by failing to register as a sex offender after traveling in interstate commerce. Alexander subsequently was transferred to New Mexico to face the charges in this case. According to the indictment, which was filed on May 14, 2014, Alexander violated SORNA by failing to register as a sex offender in Doña Ana County, N.M., between Sept. 1, 2013 and Sept. 23, 2013.
Trial against Alexander began Sept. 15, 2014, and concluded the next day when the jury returned a verdict of guilty on the sole count of the indictment. The evidence at trial established that the U.S. Marshals Service initiated an investigation into Alexander in late Sept. 2013, after California authorities requested their assistance in locating and apprehending Alexander. The California authorities reported that Alexander, a fugitive who had violated the conditions of his probation, was believed to be residing in Las Cruces.
Through investigation, the U.S. Marshals Service learned that Alexander’s criminal history included a 2012 conviction for sexually assaulting a minor for which he was sentenced to four years in a California state prison. After he was convicted, Alexander was twice informed of his requirements to register as a sex offender. Alexander also signed forms acknowledging that he was required to register as a sex offender for the rest of his life and update his registration annually. Although Alexander registered as a sex offender in California after he was released from prison in Aug. 2013, he then traveled to Las Cruces without informing the California authorities of his intention to leave.
The U.S. Marshals Service’s investigation revealed that as of Sept. 23, 2013, Alexander had been living at a Las Cruces residence with a woman and her two children for three weeks. It also revealed that Alexander had not registered with the Doña Ana County Sheriff’s Department within three days of moving to New Mexico as required by SORNA.
U.S. Attorney Damon P. Martinez praised the efforts of the U.S. Marshals Service in the investigation and the prosecution of the case. He also thanked the Doña Ana County Sheriff’s Department, Tustin (Calif.) Police Department and Santa Ana (Calif.) Police Department for their assistance in the investigation.
The case was prosecuted by Assistant U.S. Attorneys Amanda Gould and Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.
Rio Rancho Man Sentenced to Federal Prison for Heroin Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Mark Herrera, 29, of Rio Rancho, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to 70 months in prison followed by three years of supervised release for his conviction on heroin trafficking and firearms charges.
Herrera was arrested in Aug. 2014, on a criminal complaint after officers executed federal search warrants on his vehicle and residence and seized more than seven ounces of heroin, marijuana, approximately $5,000.00 in cash, a firearm and ammunition, and drug paraphernalia. In his post-arrest statement, Herrera told the officers that he sold six to eight ounces of heroin every two to three days, and that he used a firearm for protection.
On Feb. 13, 2015, Herrera pled guilty to a two-count felony information charging him with being a felon in possession of a firearm and ammunition and possession of heroin with intent to distribute. In entering the guilty plea, Herrera admitted that when he was arrested on Aug. 1, 2014, he possessed approximately seven ounces of heroin, drug paraphernalia, $5,000.00 in cash, and a loaded semi-automatic pistol. At the time of his arrest, Herrera was prohibited from possessing firearms or ammunition because he previously had been convicted of robbery and escape in Colorado.
This case was investigated by the Albuquerque offices of the ATF and the DEA and the Rio Rancho Police Department. Assistant U.S. Attorney Presiliano Torrez prosecuted 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 collaboration 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.
Bloomfield Man Sentenced to Federal Prison for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Richard Archuleta, 33, of Bloomfield, N.M., was sentenced today in federal court in Albuquerque, N.M., to 51 months in federal prison followed by three years of supervised release for his drug trafficking conviction. Archuleta was also ordered to forfeit 64 firearms seized from his residence pursuant to a search warrant.
Archuleta was one of 29 individuals charged with drug trafficking offenses as the result of a multi-agency investigation targeting drug trafficking in northwestern New Mexico. The investigation originally culminated on Feb. 26, 2014, when 26 of the defendants were arrested during a law enforcement operation led by Homeland Security Investigation (HSI) and the HIDTA Region II Narcotics Task Force. Two other defendants were arrested during the course of the investigation and the final defendant was arrested on March 3, 2014.
The 29 defendants were charged as a result of Operation “Brown Ice,” a year-long investigation that initially targeted a methamphetamine trafficking organization led by Isaac Anaya that distributed quantities of methamphetamine throughout San Juan County and expanded to include other drug trafficking activity in the area. The investigation 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.
Thirteen of the defendants, including ringleader Isaac Anaya, 31, of Farmington, were charged in a 15-count federal indictment alleging a conspiracy to distribute methamphetamine in San Juan County from May 2013 through Sept. 2013. The remaining 16 defendants were charged with state drug trafficking and firearms offenses based on criminal complaints. During the course of the investigation, officers seized approximately five pounds of methamphetamine and five firearms. The law enforcement operation on Feb. 24, 2014, included the execution of eleven federal search warrants at two Bloomfield residences, four Farmington residences, two residences in San Juan County, two Bloomfield businesses, two Farmington businesses and a storage unit in Bloomfield. It also included the execution of three state search warrants at two residences in San Juan County and one Farmington residence. Officers seized numerous firearms, including a fully automatic Glock 19, a short-barreled rifle and a carbine with an obliterated serial number, four blasting caps, four small binary explosives and approximately 31.7 grams of methamphetamine during the execution of the search warrants and the law enforcement operation.
On Sept. 12, 2014, Archuleta pled guilty to conspiracy to distribute a controlled substance. In entering the guilty plea, Archuleta admitted that from May 28, 2013 through Sept. 25, 2013, he and his co-defendants conspired to distribute methamphetamine in San Juan County. Under the terms of his plea agreement, Archuleta was ordered to forfeit 31 rifles, 22 pistols, eight shotguns, two revolvers, firearm magazines and all ammunition that was seized by law enforcement from Archuleta’s residence on Feb. 26, 2014.
The federal and state cases filed as a result of Operation “Brown Ice” were investigated by the HSI office in Albuquerque, San Juan County Sheriff’s Office, HIDTA Region II Narcotics Task Force, Bloomfield Police Department, Farmington Police Department and Aztec Police Department. Assistant U.S. Attorney Reeve L. Swainston is prosecuting the federal case, and Assistant District Attorney David Cowen of the 11th Judicial District Attorney’s Office is prosecuting the state cases.
The HIDTA Region II Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of 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.
San Felipe Pueblo Man Pleads Guilty to Assaulting His Intimate PartnerRead the Press Release
ALBUQUERQUE – Michael V. Tenorio, 23, a member and resident of San Felipe Pueblo, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to assaulting his intimate partner. Under the terms of his plea agreement, Tenorio will be sentenced to 24 months in federal prison followed by a term of supervised release to be determined by the court.
Tenorio was arrested on Nov. 18, 2014, on a criminal complaint charging him with assaulting an intimate partner by strangulation and assault with a dangerous weapon. According to the complaint, on Nov. 7, 2014, BIA agents responded to call reporting an assault occurring on San Felipe Pueblo in Sandoval County, N.M. The complaint alleged that Tenorio assaulted the victim, a non-Indian woman, by threatening her with a rifle and choking her. Tenorio was subsequently indicted on Dec. 16, 2014, and charged with assault of an intimate partner by strangulation and assault with a dangerous weapon.
During today’s proceedings, Tenorio pled guilty to assault of an intimate partner by strangulation. In entering his guilty plea, Tenorio admitted that on Nov. 7, 2014, he choked the victim by wrapping his hands around her neck and squeezing, causing her breathing to be affected by the pressure.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
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.
Hagerman Man Sentenced Ten Years in Federal Prison for Violating Firearms LawsRead the Press Release
ALBUQUERQUE – Terry Lynn Little Jr., 33, of Hagerman, N.M., was sentenced today in federal court in Las Cruces, N.M., to ten years in federal prison followed by three years of supervised release for being a felon in possession of a firearm.
Little was arrested in Oct. 2013, on a criminal complaint charging him with possession of firearms and ammunition in Eddy County, N.M. At the time, Little was prohibited from possessing firearms or ammunition because previously he had been convicted of felony offenses including criminal sexual penetration, aggravated assault with a deadly weapon, aggravated battery resulting in great bodily harm, and failure to register as a sex offender. Little subsequently was indicted on Jan. 22, 2014, and charged with being a felon in possession of a firearm and possession of a firearm with an obliterated serial number.
Little pled guilty on April 3, 2014, to Count 1 of the indictment charging him with being a felon in possession of a firearm. Little admitted that on Sept. 29, 2013, he possessed a shotgun despite knowing that he was prohibited from possessing a firearm due to his status as a convicted felon.
This case was investigated by the Las Cruces and Roswell offices of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Chaves County Sheriff’s Office. Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Little 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.
California Men Sentenced to Federal Prison for Trafficking Methamphetamine in New MexicoRead the Press Release
ALBUQUERQUE – Two residents of La Puente, Calif., were sentenced today in federal court in Las Cruces, N.M., for convictions on methamphetamine trafficking charges. Mario Llantada, 51, was sentenced to 168 months in prison followed by five years of supervised release, and Martin Llantada, 42, was sentenced to 121 months in federal prison followed by five years of supervised release.
Mario Llantada and Martin Llantada were indicted on March 19, 2014, and charged with conspiracy to distribute methamphetamine. The three-count indictment also charged Mario Llantada with money laundering and using a communication device in furtherance of a drug trafficking crime. On Aug. 14, 2014, the indictment was superseded to add a fourth count, possession of methamphetamine with intent to distribute, against Mario Llantada.
The indictments charged the defendants with participating in a conspiracy to distribute methamphetamine from Los Angeles, Calif., to Doña Ana County, N.M. As part of that conspiracy, between March 4, 2014 and March 21, 2014, the defendants, who were in California, conspired with each other to sell approximately four pounds of methamphetamine to an undercover FBI agent in Doña Ana County. The defendants were arrested on March 21, 2014, and have been in federal custody since that time.
Mario Llantada pled guilty on Sept. 23, 2014, to the four counts of the superseding indictment without the benefit of a plea agreement. His co-defendant, Martin Llantada pled guilty to conspiracy to distribute an aggregate of four pounds of methamphetamine in Doña Ana County.
This case was investigated by the Las Cruces office of the FBI, the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force and the San Bernardino Police Department, and was 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 and the Doña Ana County Sheriff’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.
Acoma Pueblo Man Sentenced for Assaulting His Intimate PartnerRead the Press Release
ALBUQUERQUE – Hugh H. Poncho, 27, a member and resident of Acoma Pueblo, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to eight months in prison followed by one year of supervised release for assaulting his intimate partner.
Poncho was arrested on Sept. 15, 2014, on a criminal complaint charging him with assaulting an intimate partner by strangulation. According to the complaint, on Sept. 11, 2014, officers of the Acoma Pueblo Tribal Police Department responded to a call reporting an assault occurring on Acoma Pueblo in Cibola County, N.M. The complaint alleged that Poncho assaulted the victim, an Acoma Pueblo woman, by punching, kicking, head-butting and strangling her.
On March 3, 2015, Poncho entered a guilty plea to a felony information and admitted assaulting the victim by pushing her and causing her to fall. Poncho also admitted kicking the victim on her legs, punching her in the face, and head-butting her in the forehead. Poncho acknowledged that the victim sustained temporary but substantial injuries as a result of the assault.
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 Shammara H. Henderson.
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.
Non-Indian Man from Isleta Pueblo Sentenced to Prison for Federal Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE—Gabriel Chavez, 32, a non-Indian residing in Isleta Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 30 months in prison followed by ten years of supervised release. Chavez was also ordered to pay $1,050.00 in restitution. Chavez will be required to register as a sex offender after completing his prison sentence.
Chavez was arrested on July 29, 2014, on a five-count indictment alleging that he sexually abused two Indian children between Aug. 2012 and July 2013, in Isleta Pueblo in Bernalillo County, N.M. Counts 1 through 3 charged Chavez with abusive sexual contact involving a child victim between the age of 12 and 16 years. Counts 4 and 5 charged Chavez with abusive sexual contact involving a second child victim under the age of 12 years.
On Jan. 28, 2015, Chavez entered a guilty plea to Count 1 of the indictment charging him with abusive sexual contact involving a child victim between the age of 12 and 16 years. Chavez admitted engaging in sexual contact with the child victim which included touching the victim’s genitals and other parts of her body.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Isleta Pueblo Tribal Police Department. The case is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson 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/.
New York Man Sentenced to 105 Months for Cocaine Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE—Malik S. Williams, 32, of Bronx, N.Y., was sentenced this morning in federal court in Albuquerque, N.M., to 105 months in federal prison followed by five years of supervised release for his cocaine trafficking conviction.
Williams was arrested on Sept. 19, 2014, at the Amtrak train station in Albuquerque after DEA agents learned that Williams had concealed bundles containing more than three kilograms of cocaine in his luggage. Williams was subsequently indicted on Oct. 7, 2014, and charged with possession of cocaine with intent to distribute.
Williams entered a guilty plea to the indictment on Nov. 19, 2014, and admitted possessing and transporting three bundles of cocaine that were concealed inside the bottom liner of his suitcase.
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 Presiliano Torrez prosecuted the case.