District of New Mexico
Press releases recorded for this federal judicial district.
Mexican Citizen Pleads Guilty to Federal Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Tomas Bustamante-Machado, 51, a Mexican citizen illegally residing in Phoenix, Ariz., pleaded guilty this morning in Albuquerque, N.M., to federal trafficking charges.
Bustamante-Machado was arrested on Jan. 16, 2015, in Bernalillo County, N.M., after the New Mexico State Police found approximately 1286 grams (2.8 pounds) of heroin hidden in his vehicle following a routine traffic stop. According to the criminal complaint, the heroin was found in an altered compartment in the back seat of Bustamante-Machado’s vehicle after he consented to a search of the vehicle. Court documents indicate that Bustamante-Machado is a Mexican citizen who was out of prison on an immigration bond pending a deportation hearing at the time of his arrest in this case. Bustamante-Machado subsequently was indicted on Feb. 10, 2015, and charged with possession of heroin with intent to distribute.
During today’s proceedings, Bustamante-Machado pled guilty to the indictment and admitted that on Jan. 16, 2015, while traveling from Phoenix, he was stopped by law enforcement and found to be in possession of more than one kilogram of heroin which was concealed in a secret compartment in the vehicle he was driving. He further admitted that the heroin was intended for another person.
Bustamante-Machado has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Bustamante-Machado faces a mandatory minimum of ten years and a maximum of life in federal prison. He will be deported after completing his prison sentence.
This case was investigated by the Border Enforcement Security Task Force (the BEST Team) of the Albuquerque office of HSI and the New Mexico State Police, and is being prosecuted by Assistant U.S. Attorney Joel R. Meyers and the Organized Crime Section of the U.S. Attorney’s Office.
This case was prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Federal Jury Finds Mexican National Guilty of Conspiring to Transport Illegal AliensRead the Press Release
ALBUQUERQUE – A federal jury sitting in Las Cruces, N.M., found Juan De Dios Ramos-Ruiz, 50, a Mexican national residing in Socorro, N.M., guilty on an indictment charging him with conspiracy to transport illegal aliens. The guilty plea 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.
Ramos-Ruiz was arrested on Nov. 18, 2014, on a criminal complaint charging him with conspiracy to transport illegal aliens. He subsequently was indicted on Jan. 14, 2015, and charged with the same crime. Trial against Ramos-Ruiz commenced on March 16, 2015, and concluded late this morning when the jury returned a guilty verdict on the sole count of the indictment.
The evidence at trial established that on July 17, 2014, Border Patrol agents executed a traffic stop of a car driven by a woman (the driver) in the vicinity of Hachita, N.M., in Luna County, N.M. As an agent approached the car, he observed two passengers in the back seat who were crouched down in an effort to conceal themselves. The agents arrested the three individuals after determining that the driver was a U.S. citizen and the two passengers were Mexican nationals illegally in the United States. The driver testified at trial that she was recruited by Ramos-Ruiz to transport the two illegal aliens from Socorro to Deming, N.M., on July 17, 2014, with the understanding that someone else would transport them from there to another destination. The driver described how Ramos-Ruiz drove ahead of her as a “look out” for the Border Patrol while she followed in her vehicle with the two illegal aliens. The driver also admitted that Ramos-Ruiz paid her $200.00 at the beginning of the drive and expected to be paid another $200.00 when she successfully delivered the two illegal aliens to Deming.
The two illegal aliens also testified and admitted paying $3,500.00 each to be smuggled into the United States. They testified that after being transported to the United States-Mexico border near El Paso, Texas, on July 15, 2014, they were picked up by Ramos-Ruiz who took them to a mobile home were they remained until July 17, 2014. In the early morning of July 17, 2014, the illegal aliens were picked up by the driver who instructed them to stay low in the vehicle to avoid detection by law enforcement.
The jury deliberated approximately 25 minutes before returning its guilty verdict.
Ramos-Ruiz has been in federal custody since his arrest and remains in federal custody pending his sentencing hearing which has yet to be scheduled. Ramos-Ruiz faces a statutory maximum penalty of ten years in prison and will be deported after completing his prison sentence.
This case was investigated by the Las Cruces Border Patrol Station of the U.S. Border Patrol and is being prosecuted by Assistant U.S. Attorneys Luis A. Martinez and E. Garreth Winstead, III.
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Crownpoint Man Pleads Guilty to Federal Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – Tomson Largo, 26, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to sexual abuse charges. Under the terms of his plea agreement, Largo will be sentenced to 90 months in federal prison followed by a lifetime of supervised release. He also will be required to register as a sex offender.
Largo was arrested on Oct. 29, 2014, on a three-count indictment charging him with attempted aggravated sexual abuse, aggravated sexual abuse, and abusive sexual contact. The indictment alleged that Largo committed the offenses on multiple occasions between July 2011 and March 2014, in McKinley County, N.M., within the Navajo Indian Reservation.
During today’s proceedings, Largo pled guilty to all three counts of the indictment. In entering his guilty plea, Largo admitted that between July 1, 2011 and Aug. 31, 2011, he attempted to sexually abuse the victim, an Indian woman, while she was sleeping with her two children. He further admitted that in Dec. 2011, he used force to sexually assault the victim, and in March 2014, he assaulted the victim by shoving his hands down her pants and touching her between the legs. Largo admitted committing each of the three crimes at a residence in Crownpoint.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and the Gallup office of the FBI, and is being prosecuted by Assistant U.S. Attorney Kristopher N. Houghton.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Albuquerque Man Sentenced to Seven Years for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Jerry Ernest Lopez, 33, of Albuquerque, N.M., was sentenced today in federal court to 84 months in federal prison for his methamphetamine trafficking conviction. He will be on supervised release for four years after he completes his prison sentence.
Lopez 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.
Lopez was arrested in May 2014, on a criminal complaint alleging that he unlawfully possessed methamphetamine, firearms and ammunition on May 27, 2014, in Bernalillo County, N.M. According to the criminal complaint, officers of the Albuquerque Police Department apprehended Lopez at his residence following the execution of a felony warrant on his residence. The complaint alleges that detective located approximately three ounces of methamphetamine, dozens of prescription pills, more than $10,000.00 in cash, five firearms and significant amounts of ammunition inside safes that were located inside Lopez’s bedroom. At the time, Lopez was prohibited from possessing firearms or ammunition because he previously had been convicted of three counts of possession of a controlled substance and forgery in the 2nd Judicial District Court for the State of New Mexico.
Lopez was indicted on June 24, 2014, in a three-count indictment, charging him with being a felon in possession of firearms and ammunition, possession with intent to distribute methamphetamine, and possession of firearms in furtherance of a drug trafficking crime. On Nov. 5, 2014, Lopez pled guilty to one count of possession with intent to distribute. In entering his guilty plea, Lopez admitted that on May 27, 2014, he possessed more than 50 grams of methamphetamine that was seized by law enforcement from his home in northeast Albuquerque along with $10,335.00 in cash during the execution of a search warrant. Lopez further admitted to being a drug dealer.
This case was investigated by the Albuquerque offices of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the DEA, and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney David M. Walsh prosecuted the case.
Ohkay Owingeh Woman Sentenced for Assaulting Tribal OfficerRead the Press Release
ALBUQUERQUE – Crystal Torres, 29, was sentenced yesterday in federal court in Santa Fe, N.M., to 20 months in prison followed by three years of supervised release for her assault with a dangerous weapon conviction.
Torres, a member and resident of Ohkay Owingeh Pueblo, was arrested on Feb. 14, 2013, on an indictment charging her with assaulting a woman with a hammer, and assaulting a man with a knife. According to the indictment, both offenses occurred on Jan. 22, 2012, on Ohkay Owingeh Pueblo lands. Court filings reflect that the victim of the second assault was an officer of the Ohkay Owingeh Tribal Police Department.
On Nov. 19, 2013, Torres pled guilty to the second count of the indictment charging her with assault with a dangerous weapon, a knife. According to Torres’s plea agreement, on Jan. 22, 2012, tribal officers were dispatched to Torres’s residence on Ohkay Owingeh Pueblo. When the officers arrived, they observed Torres running towards a road and into traffic. When the victim attempted to catch Torres to get her out of the lane of traffic after three vehicles nearly struck her, Torres pulled out a hunting knife and advanced toward the victim, ignoring the victim’s commands that she drop the knife.
This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services, and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
Colfax County Sheriff’s Deputy Arrested on Federal Narcotics ChargeRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and Chief Pete N. Kassetas of the New Mexico State Police (NMSP) announced today that Vidal Sandoval, 45, a Deputy of the Colfax County Sheriff’s Office who resides in Cimarron, N.M., has been indicted for aiding and abetting a drug trafficking crime. Sandoval made his initial appearance on the indictment in federal court in Albuquerque, N.M., this afternoon, and was remanded into federal custody pending an arraignment and detention hearing which is scheduled for Monday, March 16, 2015.
Sandoval is charged in an indictment that was filed under seal on March 10, 2015, and was unsealed earlier today after he was arrested by the FBI and NMSP. The indictment alleges that on Feb. 28, 2015, Sandoval aided and abetted an attempt to possess cocaine with intent to distribute in Colfax County, N.M. The indictment includes forfeiture provisions seeking a money judgment in the amount of at least $19,500.00, the proceeds Sandoval allegedly obtained as a result of his unlawful conduct.
According to affidavits submitted in support of court-approved search warrants that were executed following Sandoval’s arrest, the investigation into Sandoval began in summer 2014, after two men reported to the NMSP that a law enforcement officer allegedly seized marijuana and cash from them during a traffic stop without giving them a receipt for the marijuana or money. Investigation by the NMSP identified Sandoval as the officer allegedly involved in the traffic stop.
The affidavits allege that from Dec. 2014 through Feb. 2015, the FBI and NMSP deployed undercover agents into areas of Colfax County that Sandoval was known to patrol. During that time, Sandoval allegedly conducted traffic stops on the undercover agents’ vehicles on three occasions during which he allegedly offered to escort the undercover agents through Colfax County with drugs and currency in exchange for a portion of their drug profits. In Feb. 2015, Sandoval allegedly agreed to escort an undercover agent with a load of drugs through Colfax County. On Feb. 28, 2015, Sandoval allegedly accepted cash for escorting the undercover agent, who was driving a vehicle containing cocaine, from Colfax County to the New Mexico/Colorado border.
If convicted of the offense charged in the indictment, Sandoval faces a mandatory minimum five years and a maximum of 40 years in federal prison. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Santa Fe and Albuquerque offices of the FBI and the New Mexico State Police, and the Colfax County Sheriff’s Office is cooperating in the ongoing investigation. Assistant U.S. Attorney Sean J. Sullivan is prosecuting the case.
Colfax County Sheriff’s Deputy Arrested by FBI and New Mexico State PoliceRead the Press Release
ALBUQUERQUE – Vidal Sandoval, 45, a Deputy of the Colfax County Sheriff’s Office who resides in Cimarron, N.M., was arrested earlier today by the FBI and the New Mexico State Police. Additional information will be available when Sandoval makes his initial appearance in federal court in Albuquerque, N.M., later today.
Carlsbad Man Pleads Guilty to Federal Drug Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – David V. Munoz, 39, of Carlsbad, N.M., entered a guilty plea in federal court in Las Cruces, N.M., this morning to narcotics trafficking and firearms charges.
Munoz was charged by criminal complaint on Nov. 10, 2014, with methamphetamine trafficking charges, and was arrested on Dec. 15, 2014, after being transferred from state custody to federal custody. According to the complaint, on Oct. 20, 2014, the Pecos Valley Drug Task Force (PVDTF) executed a search warrant on Munoz’s residence and vehicle where they located ammunition and several firearms, approximately 784 grams of methamphetamine, approximately 9.42 grams of heroin, and approximately $1,391.00 in cash.
During today’s change of plea hearing, Munoz pled guilty to a three-count felony information charging him with possession of methamphetamine with intent to distribute methamphetamine; being a felon in possession of firearms and ammunition; and possession of heroin with intent to distribute. In his plea agreement, Munoz admitted that during an Oct. 20, 2014 search of his residence and vehicle, PVDTF officers seized approximately 81.81 grams of methamphetamine and 11.88 grams of heroin from his bedroom and several firearms and ammunition from throughout his residence. He also admitted that the officers seized approximately 613.58 grams of methamphetamine from his vehicle. Munoz admitted that in Oct. 2014, he was prohibited from possessing firearms or ammunition because he previously had been convicted of conspiracy to traffic illegal drugs in Oklahoma.
At sentencing, Munoz faces not less than five years and not more than 40 years in prison on the methamphetamine charge; a maximum of ten years in prison on the firearms charge; and not more than 20 years in prison on the heroin charge. Munoz remains in federal custody pending sentencing, 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 Special Assistant U.S. Attorney Selesia Lee Winston 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.
California Man Pleads Guilty to Federal Methamphetamine Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Orlando Sanchez, Jr., 39, of Montclaire, Calif., pleaded guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge.
Sanchez was arrested on a criminal complaint on Jan. 31, 2014, after a Bernalillo County Sheriff’s Deputy executed a traffic stop on his vehicle for a careless driving violation. A consensual search of Sanchez’s vehicle revealed that Sanchez was transporting approximately one pound of methamphetamine concealed in the engine compartment of his vehicle. Sanchez subsequently was indicted on Feb. 26, 2014, and charged with possession of methamphetamine with intent to distribute on Jan. 30, 2014, in Bernalillo County, N.M.
Today, Sanchez entered a guilty plea to a felony information charging him with possession with intent to distribute methamphetamine. In entering the guilty plea, Sanchez admitted that on Jan. 30, 2014, he unlawfully possessed approximately 431.8 grams of methamphetamine with the intention of transporting it east to be sold in other states.
Sanchez has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Sanchez faces a statutory maximum penalty of 20 years in prison followed by at least three years of supervised release.
This case was investigated by the Albuquerque office of the DEA and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting this case.
Albuquerque Man Sentenced to Ten Years for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Mark Anthony Miller, 48, of Albuquerque, N.M., was sentenced this morning in federal court to 120 months in prison followed by five years of supervised release for his methamphetamine trafficking conviction.
Miller was arrested on Feb. 24, 2013, at the Amtrak train station in Albuquerque after a consensual search by DEA agents revealed that Miller had concealed bundles containing approximately .95 kilograms of methamphetamine in a backpack. Miller subsequently was indicted on March 5, 2013, and charged with possession of methamphetamine with intent to distribute.
Miller entered a guilty plea to the indictment on May 19, 2014. The guilty plea was entered without the benefit of a plea agreement.
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. Attorneys Holland S. Kastrin and Jon K. Stanford prosecuted the case.
Acoma Pueblo Man Pleads Guilty to Federal Sexual Assault ChargeRead the Press Release
ALBUQUERQUE – Eric Chino, 32, a member and resident of Acoma Pueblo, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to an abusive sexual contact charge. Under the terms of his plea agreement, Chino will be sentenced to a range of 24 to 36 months in federal prison followed by a term of supervised release to be determined by court.
Chino was arrested on Nov. 26, 2014, on an indictment charging him with aggravated sexual abuse. The indictment alleged that Chino sexually assaulted an Acoma Pueblo woman on June 24, 2012, in Acoma Pueblo within Cibola County, N.M.
During today’s proceedings, Chino pled guilty to a felony information charging him with abusive sexual contact. In entering the guilty plea Chino admitted engaging in and attempting to engage in sexual contact with the victim by force. He admitted forcefully touching the victim’s breast and genitals despite the victim’s demands that he stop.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney David Adams.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Navajo Man from Colorado Sentenced for Federal Child Abuse Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Staffred Kai Begay, 42, of Durango, Colo., was sentenced today to time served, 216 days in federal prison, followed by a year of supervised release for his federal child abuse conviction. He also was ordered to pay $256.11 in restitution to cover medical expenses for the victim.
Begay was arrested on Aug. 12, 2014, on a criminal complaint charging him with child abuse. According to the criminal complaint, on Aug. 7, 2014, a Navajo Indian juvenile (victim) called the authorities to report that Begay was assaulting his mother at a residence located on the Navajo Nation Indian Reservation in San Juan County, N.M. Officers of the Navajo Nation Division of Public Safety responded to the call, but found no one at the residence. The officers responded to a second call in the early morning hours of Aug. 8, 2014, and learned that Begay struck the victim with an axe and broke the victim’s arm.
On Dec. 15, 2014, Begay pled guilty to an indictment charging him with abuse of a child resulting in serious bodily injury. In entering the guilty plea, Begay admitted that on Aug. 7, 2014, he put a child in a situation that endangered the child’s life and resulted in serious bodily injury to the child.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and the Farmington office of the FBI and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Laguna Pueblo Man Pleads Guilty to Assaulting his Intimate Partner by Strangulation and Attempted ManslaughterRead the Press Release
ALBUQUERQUE – Duane Day, 25, a member and resident of Laguna Pueblo, N.M., pleaded guilty in federal court in Albuquerque, N.M., this morning to an assault and attempted manslaughter charges arising out of the strangulation of his intimate partner.
Day was arrested on May 22, 2014, on a criminal complaint charging him with attempt to commit manslaughter, assault of an intimate partner by strangling, and child abuse. According to the complaint, on May 12, 2014, in Laguna Pueblo within Cibola County N.M., Day assaulted the victim, a Laguna Pueblo woman, by strangling her and causing her to lose consciousness. It further alleges that Day fled the scene of the assault with the victim’s two young children, an 11-month-old and a two-year-old, to a nearby mesa. The complaint further alleges that the victim suffered a severe stroke as a result of the strangulation which required her to undergo emergency brain surgery to relieve swelling and bleeding in the brain.
Day subsequently was indicted on June 11, 2014, and charged in with assaulting an intimate partner by strangling and suffocating; attempted manslaughter; and endangering the lives and health of two children.
During today’s proceedings, Day pled guilty to Counts 1 and 2 of the indictment. In entering his plea agreement, Day admitted that on May 12, 2014, he assaulted the victim by placing his knee on her neck and placing his hand over her mouth causing her to suffocate. Day acknowledged that he attempted to kill the victim by impeding the victim’s breathing to the point of her losing consciousness.
At sentencing Day faces a statutory maximum penalty of ten years in federal prison on the assault by strangulation charge and seven years in prison on the attempted manslaughter charge. Day remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI, the Laguna/Acoma Agency of the BIA’s Office of Justice Services, and the Pueblo of Laguna Tribal Police Department. Assistant U.S. Attorney David Adams is prosecuting this case.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
California Man Sentenced for Federal Heroin Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Curtis Wallace Pack, Jr., 31, of San Diego, Calif., was sentenced this morning in federal court in Santa Fe, N.M., to 60 months in prison followed by four years of supervised release for his heroin trafficking conviction.
Pack was arrested on Sept. 12, 2013, at the Greyhound Bus Station in Albuquerque, N.M., after a consensual search by DEA agents revealed that Pack had concealed bundles containing approximately .95 kilograms of heroin inside a gift-wrapped package. Pack subsequently was indicted on Oct. 9, 2013, and charged with possession of heroin with intent to distribute.
Pack entered a guilty plea to the indictment on March 14, 2014, and admitted possessing the heroin with the intent to distribute in Bernalillo County, N.M.
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 Paul Mysliwiec prosecuted the case.
This case was prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Zuni Pueblo Man Charged with Assaulting Three-Year-Old ChildRead the Press Release
ALBUQUERQUE – Terrence Fred Cachini, 28, a member and resident of Zuni Pueblo, N.M., made his initial appearance in federal court in Albuquerque, N.M., on a criminal complaint charging him with assault resulting in serious bodily injury. Cachini entered a not guilty plea to the charge in the criminal complaint and was released to a half-way house pending trial.
The criminal complaint alleges that Cachini assaulted a three-year-old Indian child and caused the victim to suffer serious bodily injury on Feb. 24, 2015, at a residence in Zuni Pueblo within McKinley County, N.M. According to the criminal complaint, the FBI initiated an investigation into Cachini on Feb. 25, 2015, after receiving a report from medical staff at the University of New Mexico Hospital where the victim was being treated for injuries, including soft tissue injuries to all planes of the victim’s body, allegedly caused by physical abuse.
If convicted of the charges in the criminal complaint, Cachini faces a statutory maximum penalty of ten years in federal prison. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque and Gallup offices of the FBI. Assistant U.S. Attorney Sarah Mease is prosecuting the case.
Socorro County Man Sentenced to Five Years in Prison for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Dario Olivas, 24, of Veguita, N.M., was sentenced today in federal court in Santa Fe, N.M., to 60 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Olivas was arrested on Aug. 9, 2013, on an indictment charging him with two counts of distributing methamphetamine in Valencia County, N.M., on May 14, 2013 and July 8, 2013.
Olivas pled guilty on March 11, 2014, to one count of methamphetamine distribution. In entering his guilty plea, Olivas admitted that on May 14, 2013, he sold approximately 30.5 gross grams of methamphetamine to an undercover DEA task force officer for $1,100.00 at a restaurant in Belen, N.M. Olivas further admitted that on July 8, 2013, he sold approximately 88.8 gross grams of methamphetamine to the same undercover DEA task force officer for $3,300.00 at a restaurant in Belen.
This case was investigated by the Albuquerque office of the DEA and was prosecuted by Assistant U.S. Attorneys Samuel A. Hurtado and Stephen R. Kotz.
Albuquerque Man Sentenced to Ten Years in Federal Prison for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Reynaldo Griego, 38, of Albuquerque, N.M., was sentenced this morning in federal court to 120 months in prison followed by four years of supervised release for his conviction on methamphetamine trafficking charges.
Griego was arrested on Feb. 28, 2014, on a three-count indictment charging him and co-defendant Danielle Lemos, 33, also of Albuquerque, with conspiracy and distribution of methamphetamine. The indictment alleged that the two codefendants conspired to distribute methamphetamine in Bernalillo County, N.M., in Jan. 2014 and Feb. 2014.
The indictment was superseded on Mar. 26, 2014, to include Lori Salgado, 27, of Rio Rancho, N.M., as a defendant and two additional methamphetamine distribution charges. The two new charges alleged that Griego, Lemos and Salgado distributed methamphetamine on Feb. 11, 2014, and that Salgado possessed methamphetamine with intent to distribute on Feb. 27, 2014.
Griego pled guilty on Sept. 10, 2014, to Count 1 of the indictment which charged him with conspiracy to distribute methamphetamine. In entering the guilty plea, Griego admitted that he agreed to sell methamphetamine with his co-defendants from Jan. 30, 2014 through Feb. 27, 2014, in Bernalillo County, N.M. H
Lemos entered a guilty plea on Sept. 10, 2014, to a felony information charging her with conspiracy to distribute methamphetamine, and was sentenced on March 3, 2015, to 33 months in federal prison followed by three years of supervised release.
Salgado pled guilty on Nov. 5, 2014, to a felony information charging her with conspiracy to distribute methamphetamine. Salgado remains in custody pending her sentencing hearing which is currently scheduled for March 24, 2015.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Shammara Henderson.
Navajo Man Sentenced for Assaulting Federally Commissioned Tribal OfficerRead the Press Release
ALBUQUERQUE – Adrian Lopez, 25, an enrolled member of the Navajo Nation who resides in Fruitland, N.M., was sentenced this morning in federal court to 15 months in prison followed by two years of supervised release for assaulting a federal law enforcement officer.
Lopez was arrested Sept. 12, 2014, on a criminal complaint charging him with assault on a federal officer. According to the complaint, Lopez assaulted a tribal officer who was commissioned as a special federal officer by the BIA on the Navajo Indian Reservation in San Juan County, N.M., on July 28, 2014, following a high speed vehicle pursuit. Lopez subsequently was indicted and charged with assaulting a federal officer.
On Dec. 10, 2014, Lopez pled guilty to the indictment. In his plea agreement, Lopez admitted being in a vehicle that was fleeing from tribal officers. Lopez admitted that he and another person fled from the vehicle after it crashed, and that they ignored commands from the officers. As officers attempted to arrest the couple, Lopez grabbed an officer’s belt and pulled him to the ground. Lopez then struck the officer in the head several times and pushed his head into the ground with his hands.
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 Linda Mott.
Mexican National Sentenced to Federal Prison for Heroin Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Patsy Vega-Montoya, 25, a Mexican national from Sonora, Mexico, was sentenced this morning in federal court in Albuquerque, N.M., to 41 months in federal prison. Vega-Montoya will be deported after completing her term of imprisonment.
Vega-Montoya was arrested on Sept. 10, 2014, near Grants, N.M., after the New Mexico State Police found packages containing approximately 5.95 kilograms of heroin in her vehicle following a routine traffic stop. Vega-Montoya subsequently was indicted on Sept. 23, 2014, and charged with possession of heroin with intent to distribute.
On Dec. 8, 2014, Vega-Montoya pled guilty to a felony information charging her with possession of heroin with intent to distribute. In entering her guilty plea, Vega-Montoya admitted that on Sept. 10, 2014, when she was stopped by New Mexico State Police, she gave the officers permission to search her vehicle. During the search, the officers found 11 packages containing approximately 5.95 kilograms of heroin which Vega-Montoya was being paid to transport to Colorado.
This case was investigated by the Albuquerque office of the DEA and New Mexico State Police and was prosecuted by Assistant U.S. Attorney Jacob A. Wishard.
This case was prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Albuquerque Barber Pleads Guilty to Defrauding Federal Food Stamp ProgramRead the Press Release
ALBUQUERQUE – Joshua Moya, 33, of Albuquerque, N.M., entered a guilty plea this morning to defrauding the Supplemental Nutrition Assistance Program, more commonly known as the Food Stamp Program. Under the terms of his plea agreement, Moya will be sentenced to six months of imprisonment followed by a term of supervised release to be determined by the court. Moya also will be required to pay $2444.00 in restitution.
Moya is one of six Albuquerque residents charged with defrauding the Food Stamp Program in a 32-count indictment that was filed in Aug. 2014. The indictment alleged that between Dec. 2006 and Feb. 2010, Joseph Martin Padilla, 33, conspired with Moya, Sergio Escobedo, 36, Veronica Hernandez, 44, Justin Quintana, 28, and Wilfredo Lopez, 46, conspired 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.
During today’s change of plea hearing, Moya entered a guilty plea to Count 31 of the indictment and admitted that he fraudulently obtained SNAP benefits to which he was not entitled. In his plea agreement, Moya admitted that in early Dec. 2009, Padilla approached him while he was working in an Albuquerque barber shop and provided him with an application to obtain food stamps. Moya admitted knowing that Padilla worked for the State of New Mexico and had the ability to register him for SNAP benefits. 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 $1578.00 in SNAP benefits.
Padilla and his four remaining co-defendants 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 is being prosecuted by Assistant U.S. Attorney Sean J. Sullivan.
Two Men from Crownpoint Plead Guilty to Federal Assault ChargesRead the Press Release
ALBUQUERQUE – Gabriel Largo, 27, and Joshua Largo, 20, both enrolled members of the Navajo Nation who reside in Crownpoint, N.M., pled guilty this morning in federal court to federal assault charges.
Gabriel Largo, Joshua Largo and their co-defendant Michael Benally, 31, a member of the Navajo Nation who resides in Littlewater, N.M., were arrested on Sept. 17, 2014, on a criminal complaint charging them with assaulting a Navajo man with a sledgehammer and a rock and causing him serious bodily injury. The complaint alleges that the assault took place in the Crownpoint Chapter of the Navajo Nation in McKinley County, N.M., on Sept. 5, 2014.
The three co-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.
During today’s proceedings, Gabriel Largo pled guilty to a felony information charging him with assault, and 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, Gabriel Largo and his co-defendants chased the victim, threw rocks at him and knocked him down. The three men then hit and kicked the victim. 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 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.
At sentencing, Gabriel Largo faces a statutory maximum penalty of ten years in prison and Joshua Largo faces a statutory maximum penalty of five years in prison. Their sentencing hearings have yet to be scheduled.
Benally has entered a plea of not guilty and is pending trial. Charges in criminal complaints and indictments are merely accusations. Defendants are presumed innocent unless found guilty beyond a reasonable doubt.
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.
Las Cruces Man Pleads Guilty to Drug Trafficking ChargesRead the Press Release
ALBUQUERQUE – Anthony Calderon, 40, of Las Cruces, N.M., pleaded guilty this afternoon in federal court to heroin and methamphetamine trafficking charges. Under the terms of his plea agreement, Calderon will be sentenced to a prison term in the range of 24 to 36 months.
Calderon was arrested on Aug. 8, 2014, in Las Cruces on an indictment charging him with two counts of distributing heroin and one count of distributing methamphetamine in Doña Ana County, N.M. The indictment also charged Calderon’s co-defendant Orlando Roman, 34, also of Las Cruces, with one count of heroin distribution. Roman was arrested on Oct. 9, 2014.
During today’s proceedings, Calderon pled guilty to all three counts of the indictment and admitted that on April 15 and April 16, 2014, he distributed approximately 75.3 grams of heroin to a person working under the supervision of law enforcement. Calderon also admitted that on May 27, 2014, he distributed approximately 101.1 grams of methamphetamine to a person working under the supervision of law enforcement.
Co-defendant Roman has entered a plea of not guilty. Charges in 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 is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
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.
Albuquerque Man Pleads Guilty to Laundering Money for Major Narcotics Trafficking OrganizationRead the Press Release
ALBUQUERQUE – Jerome Eckstein, 39, of Albuquerque, N.M., pled guilty today to a money laundering charge under a plea agreement with the U.S. Attorney’s Office that provides for up to 20 months in federal prison.
Eckstein was one of 19 defendants charged in Dec. 2012, with drug trafficking and money laundering charges in a 60-count indictment. 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.
According to the original indictment, Roybal and ten others conspired to distribute large quantities of cocaine in New Mexico between Aug. 2011 and Dec. 2012. It further alleged that Roybal and nine others conspired to distribute marijuana between Oct. 2011 and Dec. 2012. The indictment also 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 May 2014, to add a new charge against defendant George Roybal, 53, of Albuquerque, 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 also charged Ulibarri with distributing heroin in Bernalillo County, N.M., in May 2014.
During today’s proceedings, Eckstein pled guilty to a money laundering charge in the second superseding indictment. In entering his guilty plea, Eckstein admitted that between Nov. 2011 and Dec. 2012, he received a large sum of cash from an undercover agent as part of a sting operation. Eckstein further admitted that he should have known that undercover agent was holding himself out to be a drug dealer and that the cash he provided to Eckstein were drug proceeds. Eckstein admitted paying money back to the undercover agent with checks made payable to fictitious companies for work that was never performed.
Two of the defendants charged in this case have entered not guilty pleas and are pending trial. Charges in indictments are merely accusations and criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
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.
Albuquerque Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Lawrence Anthony Martinez, 39, of Albuquerque, N.M., pleaded guilty today in federal court to methamphetamine trafficking charges. Under the terms of his plea agreement, Martinez will be sentenced to 72 months in prison followed by a term of supervised release to be determined by the court.
Martinez was arrested on April 7, 2014, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition in Bernalillo County, N.M., on Jan. 20, 2014. According to the complaint, Martinez was arrested by Albuquerque Police Department (APD) officers on Jan. 20, 2014, after the officers found Martinez in possession of a pistol and methamphetamine during a child welfare check at his residence. Martinez subsequently was indicted on April 9, 2014, and charged with being a felon in possession of a firearm and ammunition, possession of methamphetamine with intent to distribute, and using and carrying a firearm in relation to a drug trafficking crime. At the time, Martinez was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses, including possession of a controlled substance, aggravated battery with a deadly weapon causing great bodily harm, burglary, stealing a motor vehicle, receiving or transferring a stolen vehicle, larceny, and aggravated fleeing a law enforcement officer.
During today’s proceedings, Martinez pled guilty to Count 2 of the indictment and admitted possessing methamphetamine with intent to distribute it for monetary gain on Jan. 20, 2014, in Albuquerque.
Martinez has been in custody since his arrest. He remains detained pending his 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 APD. Assistant U.S. Attorney Jon K. Stanford is prosecuting this 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.
Albuquerque Man Pleads Guilty to Brandishing a Firearm During Robbery of the First Financial Credit Union in February 2014Read the Press Release
ALBUQUERQUE – Devin Jasperse, 31, of Albuquerque, N.M., pled guilty this morning in federal court to the armed robbery of the First Financial Credit Union located on Coors Boulevard in Albuquerque, and to brandishing a semi-automatic pistol during the commissioning of that crime.
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.
During today’s proceedings, Jasperse pled guilty to both counts of the indictment and admitted that on Feb. 19, 2014, he robbed the First Financial Credit Union 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.
At sentencing, Jasperse faces a statutory maximum penalty of 25 years in federal prison on the armed bank robbery charge. He also faces a mandatory seven years in prison on the firearms charge that must be served consecutive to any sentence imposed on the armed bank robbery charge. Jasperse remains in custody pending a sentencing hearing which has yet to be scheduled.
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.
Acoma Pueblo Man Sentenced to Fifteen Months for Failure to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Mervin Hayah, 47, a member and resident of Acoma Pueblo, N.M., was sentenced this morning in federal court to 15 months in federal prison followed by five years of supervised release for failing to comply with the Sex Offender Registration and Notification Act (SORNA).
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.
Hayah was arrested on Nov. 20, 2013, in Grants, N.M., on a criminal complaint charging him with violating SORNA by failing to update his sex offender registration. On Dec. 17, 2013, Hayah was indicted for failing to update his registration between July 2013 and Oct. 2013 in Cibola County, N.M.
Court filings reflect that Hayah was convicted of a federal child sexual abuse offense in April 2002. On July 15, 2011, Hayah registered as a sex offender in Cibola County, N.M., and on April 29, 2013, he registered as a sex offender with the Acoma Pueblo Police in Acoma Pueblo. When he registered with Acoma Pueblo, Hayah was informed that he was required to update his registration by July 29, 2013, and Hayah failed to update his registration as required.
Hayah pled guilty to the indictment on Jan. 22, 2014.
This case was investigated by the U.S. Marshals Service and was prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and David Adams.
Nurse Practitioner Charged with Unlawfully Dispensing Oxycodone in Curry CountyRead the Press Release
ALBUQUERQUE – David L. Jones, 61, of Portales, N.M., made his initial appearance in federal court in Albuquerque, N.M., on a criminal complaint charging him with unlawfully dispensing of Oxycodone, a pain medication, outside the scope of his professional practice and without legitimate medical purpose. Jones entered a not guilty plea to the charges in the criminal complaint and was released pending trial on conditions of release under pretrial supervision.
According to the criminal complaint, Jones is a licensed nurse practitioner employed by a healthcare center in Clovis, N.M. It alleges that in Oct. 2014, DEA received information from the Curry County Sheriff’s Department that Jones was illegally prescribing prescription controlled substances. Acting on that information, the DEA interviewed one of Jones’ former patients who asserted that Jones allegedly provided him with prescriptions for Oxycodone despite knowing that he was addicted to painkiller. The former patient alleged that Jones provided the prescription with the understanding that he would provide Jones with Oxycodone.
The complaint further alleges that in Feb. 2015, the DEA and Curry County Sheriff’s Office pursued an investigation during which two confidential sources allegedly obtained prescriptions for Oxycodone from Jones with the understanding that they would give some of the Oxycodone to Jones. It further alleges that on Feb. 18 and Feb. 20, 2015, Jones provided three prescriptions for Oxycodone to the confidential sources which they used, under the supervision of DEA agents, to obtain Oxycodone. On Feb. 20, 2015, one of the informants allegedly provided some of the Oxycodone obtained with the prescriptions to Jones. Jones allegedly was in possession of the Oxycodone when DEA agents executed a search warrant on his vehicle.
If convicted of the charges in the criminal complaint, Jones 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.
This case was investigated by the Tactical Diversion Squad of the DEA’s Albuquerque office and the Curry County Sheriff’s Department. The case is being prosecuted by Assistant U.S. Attorney 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.
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.
Albuquerque Man Pleads Guilty to Federal Methamphetamine Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Manuel Chavez, 33, of Albuquerque, N.M., entered a guilty plea in federal court this morning to methamphetamine trafficking and firearms charges. Under the terms of his plea agreement, Chavez will be sentenced to 15 years in federal prison followed by a term of supervised release to be determined by the court.
Chavez was arrested on April 29, 2014, on a four-count indictment charging him with methamphetamine trafficking and firearms charges. Counts 1 and 2 of the indictment charged Chavez with being a felon in possession of firearms and ammunition in Sept. and Oct. 2013. At the time, Chavez was prohibited from possessing firearms or ammunition because he previously had been convicted of the following felony offenses: conspiracy to possess methamphetamine with intent to distribute, contributing to the delinquency of a minor, aggravated assault, possession of a controlled substance, attempt to bring contraband into a prison and aggravated fleeing from law enforcement. Counts 3 and 4 charged Chavez with possession of methamphetamine with intent to distribute and using and carrying a firearm in relation to a drug trafficking crime on Oct. 24, 2013. The indictment alleged that Chavez committed all four offenses in Bernalillo County, N.M.
During today’s change of plea hearing, Chavez pled guilty to Counts 3 and 4 of the indictment. In his plea agreement, Chavez admitted that on Oct. 24, 2013, deputies of the Bernalillo County Sheriff’s Office executed a search warrant at his residence and found Chavez in possession of more than four ounces of methamphetamine and three firearms and ammunition.
Chavez has been in federal custody since his arrest and remains detained pending his sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bernalillo County Sheriff’s Office and the Albuquerque Police Department. The case is being prosecuted by Assistant U.S. Attorneys Kimberly A. Brawley and Sarah Mease.
The 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.
Laguna Pueblo Man Sentenced to Ten Years in Federal Prison for Assaulting Laguna Pueblo Woman and a Federally Commissioned Tribal Police OfficerRead the Press Release
ALBUQUERQUE – Preston Marmolejo, 32, a member and resident of Laguna Pueblo, was sentenced this morning in federal court to 120 months in prison followed by three years of supervised release for assaulting a Laguna Pueblo woman and a federally commissioned tribal police officer. The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, Special Agent in Charge William McClure of District IV of BIA’s Office of Justice Services, and Chief Herman D. Silva of the Pueblo of Laguna Tribal Police Department.
Marmolejo was arrested on Dec. 2, 2013, on a criminal complaint charging him with assault with a dangerous weapon and assault on a federal officer. He subsequently was charged in a four-count indictment with assault with a dangerous weapon, assault resulting in serious bodily injury, assaulting a federal officer, and using a firearm in furtherance of a crime of violence.
According to court filings, on Nov. 29, 2013, officers of the Pueblo of Laguna Police Department responded to a domestic violence call reporting that Marmolejo was assaulting his girlfriend, a Laguna Pueblo woman, with a knife. When the tribal officers arrived at Marmalejo’s residence, Marmolejo was holding a shotgun. Marmolejo disregarded the tribal officers’ commands that he put the weapon down and instead fired towards the officers and injured an officer who is federally commissioned by the BIA.
On Aug. 19, 2014, Marmolejo entered guilty pleas to Counts 1 and 3 of the indictment charging him with assault with a dangerous weapon and assaulting a federal officer, respectively. In his plea agreement, Marmolejo admitted assaulting the female victim with a knife and the federal commissioned tribal police officer with a shotgun.
This case was investigated by the Albuquerque office of the FBI, the Laguna/Acoma Agency of the BIA’s Office of Justice Services, and the Pueblo of Laguna Tribal Police Department. The case was 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.
Gallup Man Sentenced for Federal Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Calvin Frank Joe, 41, an enrolled member of the Navajo Nation who resides in Gallup, N.M., was sentenced this morning to 42 months in federal prison followed by three years of supervised release for his involuntary manslaughter conviction.
Joe was arrested on Feb. 19, 2014, on an indictment charging him with second degree murder. The indictment alleged that Joe killed another Navajo man on the Navajo Indian Reservation in McKinley County, N.M., on April 18, 2013.
Joe pled guilty on Nov. 4, 2014, to a felony information charging him with involuntary manslaughter. In his plea agreement, Joe admitted assaulting the victim by striking, beating and wounding him, and acknowledged that the assault resulted in the victim’s death.
The 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.
El Paso Man Sentenced to 46 Months for Methamphetamine Trafficking Conviction in New MexicoRead the Press Release
ALBQUERQUE – Alejandro Carrillo, 38, of El Paso, Texas, was sentenced today in federal court in Las Cruces, N.M., to 46 months in prison followed by two years of supervised release for his methamphetamine trafficking conviction.
Carrillo was arrested on April 23, 2014, after a search by U.S. Border Patrol agents revealed that Carrillo had concealed bundles of methamphetamine in his tractor-trailer during a routine traffic stop on Interstate 25 near mile marker 14 in Doña Ana County, N.M. Carrillo was subsequently indicted on July 16, 2014, and charged with possession of methamphetamine with intent to distribute.
Carrillo entered a guilty plea to the indictment on Sept. 18, 2014, and admitted that on April 23, 2014, he possessed approximately 4.28 kilograms of methamphetamine which he picked up from an individual in El Paso, Texas, and was transporting to another individual in Denver, Colo. Carrillo also admitted that he was to be paid $4,000.00 for a successful delivery of the methamphetamine.
This case was investigated by the Las Cruces Homeland Security Investigations, the U.S. Border Patrol and the New Mexico Department of Public Safety. Assistant U.S. Attorney Edwin Garreth Winstead prosecuted the case.
Deming Man Sentenced to Ten Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Matthew Peña, 29, of Deming, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to ten years in prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Peña was arrested on Jan. 27, 2014, in Deming, N.M., on a two-count indictment charging him and co-defendants Rebecca Torres, 41, Anthony Perez, 40, both of Deming, N.M., and Robert Snow, now deceased, with distributing methamphetamine. Count 1 of the indictment charged Peña and Torres with distributing methamphetamine in Doña Ana County, N.M., on June 18, 2013, and Count 2 charged Peña, Snow and Perez with distribution of methamphetamine in Luna County, N.M., on July 3, 2013.
Peña and Perez both pled guilty to the indictment on May 14, 2014, without the benefit of plea agreements. Torres entered a guilty plea on April 18, 2014, and was sentenced on Aug. 28, 2014, to 10 months in federal prison. Perez remains detained pending his sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the New Mexico HIDTA Regional Interagency Drug Task Force (RIDTF)/Metro Narcotics Task Force. Assistant U.S. Attorneys Maria Y. Armijo and Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
The HIDTA 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.
Albuquerque Man Sentenced to Prison for Robbing New Mexico Educators Federal Credit Union in April 2014Read the Press Release
ALBUQUERQUE – James Patrick Verdream, 48, of Albuquerque, N.M., was sentenced this morning to 46 months in federal prison followed by three years of supervised release for his bank robbery conviction. He was also ordered to pay restitution to the New Mexico Educators Federal Credit Union, the victim of his crime.
Verdream was arrested on May 5, 2014, in Arizona on a criminal complaint charging him with robbing the New Mexico Educators Federal Credit Union located on Indian School Road in Albuquerque, N.M., on April 22, 2014. He was subsequently indicted on that same charge on May 21, 2014.
According to court filings, the bank was robbed on the afternoon of April 22, 2014, by a man who slid a hand written note demanding money to a bank teller. After the teller complied with the demand, the bank robber left the bank with the cash. Court filings indicate that the bank robber took a taxi cab to the bank and then left the bank a short time later in the same taxi cab. Verdream was identified as the bank robber with the aid of video surveillance from the bank as was as well as by the positive identification from the taxi driver and Verdream’s New Mexico Department of Corrections Probation and Parole officer.
Verdream entered a guilty plea to the indictment on Nov. 13, 2014.
This case was investigated by the Albuquerque office of the FBI and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Acoma Pueblo Man Pleads Guilty to Assaulting His Intimate PartnerRead the Press Release
ALBUQUERQUE – Hugh H. Poncho, 27, a member and resident of Acoma Pueblo, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to assaulting his intimate partner. Under the terms of his plea agreement Poncho will be sentenced to eight months in federal prison followed by a term of supervised release to be determined by the court.
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 report of assault occurring in 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.
During today’s proceedings, 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. Poncha 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 is being 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.
Roswell Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Dominic A. Sedillo, 23, of Roswell, N.M., pleaded guilty this afternoon in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.
Sedillo was arrested on Jan. 24, 2014, in Roswell on a two-count indictment charging him with distributing methamphetamine in Eddy County, N.M., on April 25, 2013 and June 5, 2013.
During today’s proceedings, Sedillo pled guilty to both counts of the indictment. In entering his guilty plea, Sedillo admitted selling 24 grams of methamphetamine in exchange for $1,200.00 in April, and selling 58.8 grams of methamphetamine in change for $3,000.00 in June 2013. Both transactions occurred in Artesia, N.M.
Sedillo remains in federal custody pending his sentencing hearing, which has yet to be scheduled. At sentencing Sedillo faces a prison sentence of not less than five years and not more than 40 years followed by at least four years of supervised release.
This case was investigated by the Las Cruces office of the DEA and is being prosecuted by Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office.
Prior Felon from Carlsbad Sentenced to Ten Years for Violating Federal Narcotics and Firearms LawsRead the Press Release
ALBUQUERQUE – Christopher O. Reza, 33, of Carlsbad, N.M., was sentenced yesterday afternoon in federal court in Las Cruces, N.M., to ten years in federal prison followed by four years of supervised release for his methamphetamine trafficking and firearms conviction.
Reza 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.
Reza was arrested on May 19, 2014, on a criminal complaint charging him with unlawfully possessing firearms and ammunition and using a firearm in relation to a drug trafficking crime. According to the criminal complaint, officers seized numerous weapons and ammunition as well as methamphetamine, heroin and marijuana when they executed a search warrant at Reza’s residence in Carlsbad on Jan. 28, 2014. At the time, Reza was prohibited from possessing firearms and ammunition because he previously had been convicted of numerous felony offenses including shooting at an inhabited dwelling, shooting from a motor vehicle, aggravated battery on a peace officer, being a felon in possession of a firearm, possession of methamphetamine with intent to distribute, breaking and entering, forgery and identity theft.
On Dec. 20, 2014, Reza pled guilty to a three-count felony information charging him with two counts of being a felon in possession of a firearm and one count of possession of methamphetamine with intent to distribute. In his plea agreement, Reza admitted possessing ammunition on Sept. 8, 2013, in Bernalillo County, N.M., and possessing 24 firearms and ammunition on Jan. 29, 2014, in Eddy County, N.M. He also admitted possessing 5.92 grams of pure methamphetamine on Jan. 29, 2014.
This case was investigated by the Roswell office of the Bureau of Alcohol, Tobacco, Firearms and Explosive, the Pecos Valley Drug Task Force, the Carlsbad Police Department, the Artesia Police Department and the Eddy County Sheriff’s Office with assistance from the 5th Judicial District Attorney’s Office. Assistant U.S. Attorney Amanda Gould prosecuted the case.
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.
Last of Twenty-One Defendants Arrested in November 2013 as a Result of a Mult-Agency Investigation into Heroin Trafficking in Doña Ana County Pleads GuiltyRead the Press Release
ALBUQUERQUE – Patrick Gonzalez, 39, of Las Cruces, N.M., pleaded guilty today in federal court to heroin trafficking and firearms charges under a plea agreement that requires him to serve an 18-year federal prison sentence followed by a term of supervised release to be determined by the court.
Lead defendant Jovita Belmonte-Gonzalez, 43, a Mexican national from Ciudad Juarez, Chihuahua, Mexico, Gonzalez, and 19 other Las Cruces residents were charged with heroin trafficking offenses in five indictments filed in Nov. 2013, as a result of a multi-agency investigation led by the FBI that targeted Belmonte-Gonzalez’ heroin trafficking activities of in Doña Ana County, N.M. Belmonte-Gonzales was named as the lead defendant in four of five indictments which charged her with supplying heroin to drug trafficking organizations that distributed heroin in Doña Ana County.
Belmonte-Gonzalez, pled guilty to heroin trafficking charges in four of the five cases in June 2014, and admitted conducting frequent heroin transactions with her co-defendants between June 2013 and Oct. 2013. Court records reflect that Belmonte-Gonzalez typically negotiated heroin sales by telephone from Juarez and her co-defendants traveled from Doña Ana County to Juarez where they purchased the heroin from her and later distributed the drugs in Doña Ana County. Belmonte-Gonzales faces a mandatory minimum of ten years in prison and a maximum of life in prison, and will be deported after she completes her prison sentence. She remains in federal custody pending her sentencing hearing, which has yet to be scheduled.
During today’s proceedings, Gonzalez pled guilty to participating in a heroin trafficking conspiracy and to being a felon in possession of a firearm. In entering his guilty plea, Gonzalez admitted that from Sept. 2013 through Oct. 2013, he facilitated at least a dozen drug transactions involving an aggregate of 2.4 kilograms of heroin between Belmonte-Gonzalez and other co-conspirators. Gonzalez also admitted that he arranged for individuals to travel to Belmonte-Gonzalez in Juarez, Mexico, to purchase heroin on his behalf and then bring the heroin back to him in Doña Ana County, N.M., where he distributed the heroin to others. He further admitted that on Nov. 15, 2013, he possessed four firearms and that he kept them because of the dangers associated with dealing illegal drugs though he knew he was prohibited from possessing firearms because of his status as a convicted felon.
Gonzalez is the last of the 21 defendants charged as a result of the investigation to enter a guilty plea.
These cases are being prosecuted by Assistant U.S. Attorney E. Garreth Winstead, III, of the U.S. Attorney’s Las Cruces Branch Office. The investigation leading to the charges in the four cases was led by the Las Cruces office of the FBI in collaboration with U.S. Customs and Border Protection, the U.S. Border Patrol, the Las Cruces office of the DEA, the U.S. Marshals Service, the Las Cruces Police Department and the Doña Ana County Sheriff’s Office.
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.
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 Sentenced to Twenty Years in Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Clemente Eduardo Vasquez-De La Cruz, 27, a naturalized citizen from Ciudad Juarez, Mexico, who resides in Las Cruces, N.M., was sentenced this afternoon in federal court to 20 years in prison followed by three years of supervised release for violating the federal firearms laws.
Vasquez-De La Cruz was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this anti-violence 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.
Vasquez-De La Cruz was arrested in Dec. 2013, on a two-count indictment charging him with being a felon in possession of firearm and ammunition and possession of an unregistered short-barreled firearm. Vasquez-De La Cruz was charged with committing both crimes on April 5, 2013, in Doña Ana County, N.M. At the time, Vasquez-De La Cruz was prohibited from possessing firearms or ammunition because he previously had been convicted of aggravated assault, tampering with evidence, shooting at an occupied building and being a felon in possession of a firearm or destructive device.
Vasquez-De La Cruz pled guilty to the two-count indictment on April 9, 2014, without the benefit of a plea agreement. According to evidence presented during the prosecution of the case, Vasquez-De La Cruz was charged based on an incident on April 5, 2013, when he fired a shotgun at a Deputy of the Doña Ana County Sheriff’s Office.
Vasquez-De La Cruz also was convicted on related state charges by the 3rd Judicial District Attorney’s Office. His federal sentence will run concurrent with his state sentence.
This case was investigated by the Las Cruces office of Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Customs and Border Protection and the New Mexico HIDTA Regional Interagency Drug Task Force (RIDTF)/Metro Narcotics Task Force. The case was prosecuted by Assistant U.S. Attorneys Maria Y. Armijo and Anna Wright of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA 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.
Federal Jury Finds Deming Residents Guilty on Kidnapping and Firearms ChargesRead the Press Release
ALBUQUERQUE – A federal jury sitting in Las Cruces, N.M., returned a guilty verdict earlier today finding Jessie Hopper, Sr., 54, and Polly Hopper, 61, of Deming, N.M., guilty on kidnapping and firearms charges after a five-day trial. The verdict was announced by U.S. Attorney Damon P. Martinez, Special Agent Carol K.O. Lee of the Albuquerque Division of the FBI, Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New Mexico State Police Chief Pete Kassetas and Luna County Sheriff Jonathon Mooradian.
Hopper, Sr., Polly Hopper, and their co-defendant Jessie A. Hopper, Jr., 30, also of Deming, were arrested in June 2014, on a federal criminal complaint charging them with kidnapping and firearms charges. The three defendants subsequently were charged with conspiracy and kidnapping in a six-count indictment filed in May. 2014. The indictment also charged Hopper, Sr., and Hopper Jr., with brandishing a firearm in relation to a crime of violence, being felons in possession of firearms, and unlawfully possessing a sawed-off shotgun.
On Nov. 21, 2014, Hopper, Jr., entered a guilty plea to the five charges against him. Hopper, Sr., and Polly Hopper elected to proceed to trial, which commenced on Feb. 23, 2015 and concluded early this afternoon when the jury returned a guilty verdict finding both guilty on all charges against them.
The evidence at trial established that the three defendants kidnapped a woman and transported her in interstate commerce. It established that Hopper, Jr., and Hopper, Sr., kidnapped the victim in Hot Springs, Ark., on May 8, 2014, with the assistance of Polly Hopper. Hopper, Jr., handcuffed the victim and a firearm was brandished at the victim to force her to comply with Hopper, Jr.’s demands, including a demand that she telephone family members to assure them that she was voluntarily leaving Arkansas with Hopper, Jr. On May 8 and 9, 2014, the three defendants drove the victim from Arkansas to the defendants’ residence in Deming, where Hopper, Jr., and Hopper Sr., sexually assaulted the victim several times.
All three defendants have been in federal custody since their arrests and remain detained pending sentencing hearings, which have yet to be scheduled. At sentencing, each of the defendants faces a maximum of life imprisonment on the kidnapping charges. Hopper, Sr., and Hopper, Jr., each face a seven-year prison sentence for brandishing a firearm that must be served consecutive to any sentence imposed on the kidnapping charges.
The three defendants initially were arrested by the New Mexico State Police on state charges on May 10, 2014. They remained in state custody until they were transferred to federal custody on May 16, 2014, to face the charges in the federal case. The state charges, which were filed by the 6th Judicial District Attorney’s Office for the State of New Mexico, were dismissed in favor of federal prosecution.
This case was investigated by the Las Cruces office of the FBI, the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New Mexico State Police and the Luna County Sheriff’s Office, with assistance from the 6th Judicial District Attorney’s Office for the State of New Mexico. The FBI in Little Rock, Ark., the Garland County (Arkansas) Sheriff’s Office, and the U.S. Attorney’s Office for the Western District of Arkansas also assisted in the investigation. The case is being prosecuted by Assistant U.S. Attorneys Randy M. Castellano and Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
Three San Juan County Residents Plead Guilty to Federal Narcotics Trafficking ChargesRead the Press Release
ALBUQUERQUE – Casey Lamotte, 30, of Flora Vista, N.M., Curtis Murray, 51, of Farmington, N.M., and Robert Valdez, 51, of Bloomfield, N.M., entered guilty pleas today in federal court in Albuquerque, N.M., to methamphetamine trafficking charges
Lamotte, Murray and Valdez were three of 29 individuals charged in Feb. 2014, with drug trafficking offenses as the result of a multi-agency investigation targeting drug trafficking in northwestern New Mexico. The investigation 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.
During today’s proceedings, Lamotte and Murray each pled guilty to Count 1 of the indictment, and admitted participating in a conspiracy to distribute methamphetamine. Each also admitted that working as a distributor for Isaac Anaya between May 28, 2013 and Sept. 25, 2013. Lamotte further admitted to acting as a drug courier for Isaac Anaya by traveling to Arizona to obtain methamphetamine and transporting it back to Farmington, where the drugs were distributed by Isaac Anaya to other individuals.
Valdez pled guilty to Count 14 of the indictment, and admitted using a telephone to facilitate a drug trafficking offense. Valdez admitted discussing a methamphetamine purchase with co-defendant Richard Archuleta, 33, of Bloomfield, to obtain methamphetamine for himself and co-defendant Yvonne Anaya, 39, also of Bloomfield, in Aug. 2013. Archuleta pled guilty to conspiracy to distribute methamphetamine and a phone count on Sept.12, 2014. Yvonne Anaya has entered a not guilty plea.
To date, ten of the 13 federal defendants, including Isaac Anaya, have entered guilty pleas and are pending sentencing. The remaining three federal defendants have entered not guilty pleas to the indictment; they are presumed innocent unless found guilty beyond a reasonable doubt.
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. Attorneys Reeve L. Swainston and Shana B. Long are 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.
Superseding Indictment Filed in Federal Child Exploitation Case Against Albuquerque ManRead the Press Release
ALBUQUERQUE – A federal grand jury filed a superseding indictment yesterday charging Bentley Streett, 39, of Albuquerque, N.M., with child exploitation charges.
Streett was arrested on Oct. 3, 2014, by the FBI and the Bernalillo County Sheriff’s Office (BCSO) on a criminal complaint alleging federal child exploitation charges. According to the criminal complaint, the investigation into Streett began in Oct. 2013, after the National Center for Missing and Exploited Children forwarded a tip to the New Mexico Internet Crimes Against Children (ICAC) Task Force. Streett subsequently was indicted on Oct. 21, 2014, and charged with two counts of coercion and enticement of minors to engage in sexually explicit conduct and two counts of transferring obscene matter to minors.
The nine-count superseding indictment filed by the grand jury yesterday charges Streett with two counts of interstate travel to engage in illicit sexual conduct with minors; four counts of attempted production of visual depictions of minors engaging in sexually explicit conduct; and three counts of transferring obscene matter to minors. Counts 1 and 2 of the superseding indictment allege that Streett traveled from New Mexico to Illinois in July 2013 and Aug. 2013, for the purpose of engaging in illicit sexual conduct with a minor female victim. Counts 3 and 6 allege that Streett attempted to persuade a second minor female victim to produce child pornography in Sept. 2013 and Dec. 2013, and Counts 4 and 5 allege that he attempted to persuade a third minor female victim to produce child pornography on two occasions in Nov. 2013. Count 7 alleges that Street transferred obscene material to the first minor female victim in July 2013, and Counts 8 and 9 allege that Streett transferred obscene matter to the third minor female victim in Nov. 2013 and Jan. 2014.
If convicted of the charges in the superseding indictment, Streett faces the following statutory penalties: imprisonment up to 30 years on each of Counts 1 and 2, the interstate travel to engage in illicit sex charges; not less than 15 years and not more than 30 years on each of Counts 3 through 6, the attempted production of child pornography charges; and imprisonment up to ten years on each of Counts 7 through 9, the transfer of obscene materials charges. If convicted of any charge in the superseding indictment, Streett also would be required to register as a sex offender. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the FBI, the BCSO and the New Mexico ICAC Task Force. The case is being prosecuted by Assistant U.S. Attorney Shammara H. Henderson 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/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 74 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Carlsbad Woman Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Deloris Lozuaway, 61, of Carlsbad, N.M., pleaded guilty yesterday afternoon in federal court in Las Cruces, N.M., to being a felon in possession of firearms. The guilty plea was entered without the benefit of a plea agreement.
Lozuaway was arrested on Aug. 11, 2014, in Denver, Colo., by the Bureau of Alcohol, Tobacco, Firearms and Explosives and transferred to New Mexico to face the charges in an indictment alleging that she unlawfully possessed a firearm on Feb. 15, 2013 and on March 7, 2013, in Eddy County, N.M. According to court filings, Lozuaway was prohibited from possessing firearms or ammunition because she previously had been convicted of false pretenses and armed robbery.
Lozuaway entered a guilty plea to two counts of being a felon in possession of a firearm and admitted possessing rifles in Feb. 2013 and March 2013. Lozuaway also acknowledged that she was prohibited from possessing firearms because she was a convicted felon.
Lozuaway has been in federal custody since her arrest and remains detained pending her sentencing hearing, which has yet to be scheduled. At sentencing, Lozuaway faces a statutory maximum sentence of ten years in federal prison.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and is being prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.
Las Cruces Resident Sentenced for Trafficking Heroin in Doña Ana CountyRead the Press Release
ALBUQUERQUE – Nathan Andrew Maestas, 31, of Las Cruces, N.M., was sentenced today in Las Cruces federal court to 72 months in federal prison followed by three years of supervised release for heroin trafficking charges in connection with five cases filed in 2013 as the result of a multi-agency investigation into drug trafficking in Doña Ana County, N.M.
Maestas, together with a Mexican national and 19 other Las Cruces residents, were charged with heroin trafficking offenses in five indictments filed in Nov. 2013, as a result of a multi-agency investigation led by the FBI that targeted the heroin trafficking activities of Jovita Belmonte-Gonzalez in Doña Ana County. Belmonte-Gonzales, 43, a Mexican national from Ciudad Juarez, Chihuahua, Mexico, was named as the lead defendant in four of five indictments which charged her with supplying heroin to five drug trafficking organizations that distributed heroin in Doña Ana County.
The lead defendant, Belmonte-Gonzalez, pled guilty to heroin trafficking charges in four of the five cases in June 2014, and admitted conducting frequent heroin transactions with her co-defendants between June 2013 and Oct. 2013. Court records reflect that Belmonte-Gonzalez typically negotiated heroin sales by telephone from Juarez and her co-defendants traveled from Doña Ana County to Juarez where they purchased the heroin from her and later distributed the drugs in Doña Ana County. Belmonte-Gonzales faces a mandatory minimum of ten years in prison and a maximum of life in prison, and will be deported after she completes her prison sentence. She remains in federal custody pending her sentencing hearing, which has yet to be scheduled.
Maestas entered a guilty plea to the indictment on June 16, 2014, and admitted conspiring with Belmonte-Gonzalez and two other codefendants to distribute heroin in Doña Ana County from Sept. 25, 2013 through Oct. 27, 2013. Maestas also admitted being a felon in possession of a firearm.
To date, 20 of the 21 defendants charged as a result of the investigation have entered guilty pleas. Defendant Patrick Gonzales has entered a not guilty plea. Indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
These cases are being prosecuted by Assistant U.S. Attorney E. Garreth Winstead, III, of the U.S. Attorney’s Las Cruces Branch Office. The investigation leading to the charges in the four cases was led by the Las Cruces office of the FBI in collaboration with U.S. Customs and Border Protection, the U.S. Border Patrol, the Las Cruces office of the DEA, the U.S. Marshals Service, the Las Cruces Police Department and the Doña Ana County Sheriff’s Office.
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.
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.
Former Head of Albuquerque-Based Drug Trafficking Organization Pleads Guilty to Federal Cocaine Trafficking and Money Laundering ChargesRead the Press Release
ALBUQUERQUE – Christopher Roybal, 35, the former leader of an Albuquerque-based drug trafficking organization, entered a guilty plea in federal court this morning. Roybal pled guilty to a cocaine trafficking conspiracy charge and four money laundering charges under a plea agreement that requires him to serve a 14-year prison sentence.
Roybal is one of the 19 defendants charged in Dec. 2012, with drug trafficking and money laundering charges in a 60-count indictment. 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. With today’s guilty plea, all but three of the defendants have entered guilty pleas in this case.
The charges filed in the case were the result of a 16-month multi-agency investigation into a drug trafficking organization headed by Roybal by 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.
According to the original indictment, Roybal and ten others conspired to distribute large quantities of cocaine in New Mexico between Aug. 2011 and Dec. 2012. It further alleged that Roybal and nine others conspired to distribute marijuana between Oct. 2011 and Dec. 2012. The indictment also 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 May 2014, to add a new charge against defendant George Roybal, 53, of Albuquerque, 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 also charged Ulibarri with distributing heroin in Bernalillo County, N.M., in May 2014.
During his change of plea hearing, Roybal pled guilty to Counts 1, 37, 38, 39 and 40 of the second superseding indictment, charging him with participating in a cocaine trafficking conspiracy, three money laundering conspiracies, and a substantive money laundering offense. In entering his guilty plea, Roybal admitted that between Aug. 2011 and Dec. 2012, he conspired with others to distribute kilogram quantities of cocaine in Albuquerque and Las Vegas, N.M. Roybal also admitted participating in three conspiracies that laundered the proceeds of his drug trafficking organization. One conspiracy involved the transportation of drug proceeds from Albuquerque to California to pay for marijuana that was distributed by Roybal’s organization. The second and third conspiracies involved the laundering of Roybal’s drug proceeds through accounts at a bank and a credit union. As part of his plea agreement, Roybal agreed to forfeit his Albuquerque residence and a 1967 Chevrolet Camaro.
Three of the defendants charged in this case have entered not guilty pleas and are pending trial. Charges in indictments are merely accusations and criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
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.
Former Comptroller of Albuquerque Construction Company Arraigned on Federal Fraud and Identity Theft ChargesRead the Press Release
ALBUQUERQUE – Stephanie Pyle, 39, of Albuquerque, N.M., was arraigned this morning in federal court on a 12-count indictment charging her with six counts of access device fraud and six counts of aggravated identity theft. Pyle entered a not guilty plea to the indictment and was released pending trial on conditions of release and under pretrial supervision.
The indictment, which was filed on Feb. 10, 2015, alleges that between Jan. 2010 and May 2014, Pyle used credit cards and account numbers in the name of a company without authorization and with the intent to defraud the company. The indictment alleges that Pyle defrauded the company of approximately $1,531,124.00 during the five-year period. Counts 6 through 12 of the indictment allege that Pyle used 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 alleged criminal conduct.
If convicted, Pyle faces a statutory maximum penalty of ten years in prison on each of the six access device fraud charges. She also faces a mandatory two years in prison on each of the six aggravated identity fraud charges which must be served consecutive to any sentence imposed on the fraud charges. Charges in indictments are only accusations and defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The case was investigated by the Albuquerque office of Homeland Security Investigations and is being prosecuted by Assistant U.S. Attorney Jeremy Peña.
Blackrock, N.M., Man Pleads Guilty to Federal Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Vernon Niiha, 51, a member of Zuni Pueblo who resides in Blackrock, N.M., pleaded guilty this morning to an abusive sexual contact charge. Under the terms of his plea agreement, Niiha will be sentenced to prison term within the range of 36 to 48 months followed by a term of supervised release to be determined by the court. Niiha will be required to register as a sex offender.
Niiha was arrested in Aug. 2013, on an indictment alleging that he sexually abused a child under the age of 12 years from Mar. 2002 through Mar. 2003, in Indian country in McKinley County, N.M.
During today’s hearing, Niiha entered a guilty plea to a felony information charging him with abusive sexual contact, and admitted sexually abusing the victim by touching the victim’s genitalia. Niiha 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 Zuni Pueblo Tribal Police Department. The case is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback 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/.
Albuquerque Man Sentenced to Five Years for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Jose Israel Villaba, 30, of Albuquerque, N.M., was sentenced this morning in federal court to 60 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Villaba was arrested on Feb. 21, 2013, at the Amtrak train station in Albuquerque after a search by DEA agents revealed that Villaba had concealed bundles containing methamphetamine inside a toy that was in his suitcase. Villaba subsequently was indicted on March 5, 2013, and charged with possession of methamphetamine with intent to distribute.
Villaba entered a guilty plea to the indictment on Oct. 3, 2013. According to court filings, the toy in Villaba’s possession contained more than 470 gross grams of methamphetamine.
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 Paul Mysliwiec prosecuted the case.
Roswell Man Pleads Guilty to Federal Narcotics Trafficking ChargesRead the Press Release
ALBUQUERQUE – Simon Nicholas Sais, 44, of Roswell, N.M., pleaded guilty this afternoon in federal court in Las Cruces, N.M., to methamphetamine and cocaine trafficking charges. The guilty plea was entered without the benefit of a plea agreement.
Sais was arrested on Oct. 22, 2014, on a criminal complaint charging him with distribution of methamphetamine and cocaine. According to the complaint, between June 2013 and Aug. 2013, Sais sold approximately 359.4 grams of pure methamphetamine and approximately 43.5 grams of cocaine to an undercover agent working with the Lea County Drug Task Force (LCDTF) in Roswell and Hobbs, N.M. Sais subsequently was charged on Jan. 14, 2015, in a six-count indictment charging him with distributing methamphetamine on five occasions between June 2013 and Aug. 213, and distributing cocaine in June 2013.
During today’s proceedings, Sais pled guilty to the indictment, admitting that between June 26 and Aug. 13, 2013, he distributed methamphetamine and cocaine throughout Lea County and Chaves County, N.M.
Sais has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Sais faces a mandatory minimum of ten years and a maximum of life in prison.
This case was investigated by the Roswell office of the FBI and the Lea County Drug Task Force, and is being prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Navajo Man Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Berland Thomas, 44, an enrolled member of the Navajo Nation who resides in Mexican Springs, N.M., pled guilty this morning to a felony information charging him with involuntary manslaughter.
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.
During today’s change of plea hearing, 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.
Under the terms of his plea agreement, Thomas will be sentenced to a term of imprisonment in the range of 18 to 24 months followed by a period of supervised release to be determined by the court. Thomas remains in custody pending his sentencing hearing, which has yet to be scheduled.
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 is prosecuting the case.
Colorado Man Pleads Guilty to Using a Firearm During Robbery of the Wells Fargo Bank in Farmington in September 2012Read the Press Release
ALBUQUERQUE – Robert O’Dell Neihart, 44, of Ignacio, Colo., pleaded guilty this morning in federal court in Las Cruces, N.M., to robbing a Wells Fargo Bank branch located on East Main Street in Farmington, N.M., while possessing a .45 caliber semi-automatic pistol. Under the terms of his plea agreement, Neihart will be sentenced to a term of incarceration within the range of 148 to 161 months followed by a term of supervised release to be determined by the court.
Neihart was arrested in Nov. 2012, on a two-count indictment charging him with the armed robbery of the bank on Sept. 21, 2012, and using a firearm during a crime of violence. Count 1 of the indictment also charged co-defendant Denise Myrick, 44, also of Ignacio, Colo., with aiding and abetting Neihart in robbing the bank. Prosecution of the case against Neihart was delayed by competency proceedings.
During today’s proceedings, Neihart pled guilty to both counts of the indictment, and admitted that on Sept. 21, 2012, he robbed the bank by approaching a teller and handing her a two-page letter demanding money. Neihart further admitted that he had a pistol in his possession at the time of the robbery. He admitted using the pistol to shoot at police vehicles that pursued him after the bank robbery. Neihart was arrested at his Colorado residence later that day by the officers who were in pursuit.
Neihart has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
Myrick pled guilty on Dec. 4, 2013, to a misdemeanor information charging her with aiding and abetting a bank robbery. In entering her guilty plea, Myrick admitted driving Neihart to the bank and assisting him in his attempted escape. She was sentenced on Mar. 4, 2014, to three years of probation.
This case was investigated by the Albuquerque and Farmington offices of the FBI, the Farmington Police Department, San Juan County Sheriff’s Office and the La Plata County Sheriff’s Department in Durango, Colo. Assistant U.S. Attorney William J. Pflugrath is prosecuting the case.