District of New Mexico
Press releases recorded for this federal judicial district.
Career Offender Sentenced to Fifteen and a Half Years for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Jonathan Madrid, 28, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., for his methamphetamine trafficking conviction. Madrid was sentenced to 188 months in federal prison to be followed by four years of supervised release.
Madrid was arrested on June 25, 2013, based on a criminal complaint charging him with possession of a controlled substance with the intent to distribute. On April 4, 2014, Madrid pled guilty to an indictment charging him with possession with intent to distribute methamphetamine in Chaves County, N.M., on June 6, 2013.
Court filings reflect that Madrid was charged based on evidence developed by an ATF investigation. As part of that investigation, ATF executed a federal search warrant and searched the vehicle that Madrid was driving on June 6, 2013. As a result, agents seized multiple small baggies of methamphetamine, a digital scale and $168.00 from Madrid’s pocket. ATF also seized a firearm from the trunk of the vehicle and ammunition from the cab of the vehicle. According to court filings, Madrid had previously been convicted of possession of cocaine and tampering with evidence, trafficking in a controlled substance, aggravated sexual assault of a child and felon in possession of a firearm.
U.S. Attorney Damon P. Martinez said that Madrid was 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.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the Chaves County Metro Narcotics Task Force. Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
United States Files Motion to Dismiss Criminal Charges Against Thomas R. Rodella, Jr.Read the Press Release
ALBUQUERQUE – This morning the U.S. Attorney’s Office filed an unopposed motion to dismiss the charges against Thomas R. Rodella, Jr., in the criminal case captioned United States v. Thomas R. Rodella and Thomas R. Rodella, Jr, 14-CR-2783 JB (DNM).
Thomas R. Rodella, Jr., and his father, Thomas R. Rodella, the Sheriff of Rio Arriba County, were indicted by a federal grand jury on Aug. 12, 2014. The two men were arrested by the FBI on Aug. 15, 2014.
The charges in the five-count indictment arise out of a March 11, 2014 incident occurring in Rio Arriba County, N.M., during which Sheriff Rodella and Thomas R. Rodella, Jr., allegedly engaged in the high-speed pursuit and unreasonable seizure of a victim identified as “M.T.” Count 1 of the Indictment charges the two men with participating in a conspiracy to violate the victim’s civil rights by subjecting him to an unreasonable seizure while acting under color of law. Count 2 charges them with subjecting the victim to an unreasonable seizure while acting under color of law and alleges that the offense against the victim involved the use of a dangerous weapon and resulted in bodily injury to the victim. Count 3 charges Sheriff Rodella with brandishing a firearm during a crime of violence. Counts 4 and 5 charge Sheriff Rodella and Thomas R. Rodella, Jr., respectively, with making false statements in law enforcement reports regarding the events giving rise to charges in Counts 1 and 2 of the indictment.
The United States’ motion seeks dismissal of the charges against Thomas R. Rodella, Jr., based on information indicating that he has a medical condition that puts into doubt whether he has the cognitive ability to form the specific intent necessary to prove the charges against him beyond a reasonable doubt. The motion states that the United States learned about the medical condition after the indictment was filed and after Thomas R. Rodella, Jr., was arrested. The United States concluded that it was in the interests of justice to seek dismissal of the charges against Thomas R. Rodella, Jr., after conducting an investigation into his medical condition.
The United States is proceeding with the prosecution of the case against Sheriff Rodella, the trial of which is scheduled to begin on Sept. 22, 2014. The United States reiterates that charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
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Motion to Dismiss
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Shiprock Man Sentenced to Seventy-Two Months in Prison for DWI-Related Murder ConvictionRead the Press Release
ALBUQUERQUE – Alvert Miller, 39, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this morning to 72 months in federal prison followed by five years of supervised release for his second degree murder conviction.
Miller was arrested on May 1, 2013, based on a criminal complaint charging him with involuntary manslaughter for killing a 53-year-old Navajo man and driving under the influence of intoxicating liquor on April 27, 2013. Miller subsequently was indicted on May 29, 2013, and charged with second degree murder.According to court filings, on April 27, 2013, Miller was intoxicated when he lost control of the truck he was driving, causing a rollover collision on U.S. Highway 491 near Littlewater, N.M., which is located within the Navajo Indian Reservation. When the truck rolled over, the initial impact was on the passenger side of the vehicle, causing the victim, who was a passenger in Miller’s truck, to be ejected. The victim died upon impact as a result of blunt force trauma to the face and head. On April 29, 2013, during an interview with a tribal police investigator, Miller admitted that the rollover occurred because he was driving while intoxicated and fell asleep at the wheel.
On April 23, 2014, Miller pled guilty to the indictment and admitted killing the victim while driving under the influence of alcohol. In his plea agreement, Miller acknowledged that he knew based on his prior convictions for driving under the influence of alcohol that his conduct imperiled the lives of others.
The case was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and Kyle T. Nayback.
Pine Hill Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Joseph Paddock, 21, an enrolled member of the Navajo Nation who resides in Pine Hill, N.M., pleaded guilty this morning to a federal assault charge under a plea agreement with the U.S. Attorney’s Office.
Paddock was arrested on April 28, 2014, on a criminal complaint charging him with assault, and subsequently was charged in an indictment with assault with a dangerous weapon. According to court filings, Paddock assaulted the victim, a security guard employed by the Ramah Navajo School Board, by cutting him with a knife on April 18, 2014, at a location within the Navajo Indian Reservation.
During today’s hearing, Paddock entered a guilty plea to the indictment and admitted that on April 18, 2014, he assaulted the victim with a knife with the intent of causing bodily harm. Paddock acknowledged that as a result of the assault, the victim sustained injuries that required multiple stitches.
Paddock has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Paddock faces a statutory maximum penalty of ten years in prison.
This case was investigated by the Ramah Navajo Police Department and is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard.
Mescalero Apache Man Sentenced to Federal Prison for Statutory Rape ConvictionRead the Press Release
ALBUQUERQUE – Norman Stan Chee, 22, a member of the Mescalero Apache Nation, was sentenced today in federal court in Las Cruces, N.M., to 30 months in federal prison followed by two years of supervised release for his statutory rape conviction. Chee will be required to register as a sex offender when he completes his prison sentence.
Chee was arrested in Oct. 2013, based on a criminal complaint alleging that he knowingly engaged in a sexual act with a child between 12 and 16 years of age. On Jan. 28, 2014, Chee entered a guilty plea to a felony information charging him with engaging in a sexual act with a minor who was at least four years younger than Chee. According to the information, Chee committed the crime on Feb. 21, 2012, at a location within the Mescalero Apache Reservation in Otero County, N.M.
According to court filings, the BIA initiated an investigation into Chee in July 2012, when officers responded to a call regarding an alleged assault and saw Chee and the victim, who was 15 years old, fleeing from the site of the assault. During an interview, the victim admitted having engaged in sexual activity with Chee. Chee also was interviewed and admitted that he engaged in sexual acts with the victim. Chee stated that his sexual relationship with the victim began in Feb. 2012, and admitted knowing that the victim was 15 years old.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services. The case was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U .S. Attorney’s Las Cruces Branch Office 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.
Las Cruces Man Arrested for Using the Internet to Make a ThreatRead the Press Release
ALBUQUERQUE – Zachary Milton Hess, 19, of Las Cruces, N.M., made his initial appearance in Las Cruces federal court yesterday on a criminal complaint charging him with using the Internet to make a threat or to maliciously convey false information. Hess remains in custody pending a detention hearing scheduled for August 28, 2014.
The criminal complaint alleges that on May 27, 2014, an individual anonymously threatened to “shoot [his] college campus up in 3 days” and identified his school as “NMSU” while “chatting” on an Internet chat website. According to the criminal complaint, another individual saw the threat and posted a screen shot of the threat onto NMSU’s FaceBook page. Thereafter, the threat was passed onto law enforcement, including the FBI. The FBI’s investigation revealed that the IP Address for the Internet connection from which the threat was posted was subscribed to Hess’ residence. An examination of Hess’s computer revealed that the computer allegedly had been used to visit the website on which the threat was posted.
The criminal complaint alleges that NMSU expended significant resources in responding to the threat. Among other things, NMSU officials informed approximately 18,774 students, facility, staff and private citizens about the anonymous threat; advised students, faculty and staff to depart the campus; and shut down its new student registration process. NMSU allegedly lost approximately 1000 staff hours in responding to the threat.
If convicted on the charge in the criminal complaint, Hess faces a statutory maximum penalty of ten years in 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 Las Cruces office of the FBI and the NMSU Police Department, and is being prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office.
Laguna Pueblo Man Pleads Guilty to Assault Charge Arising out of Drive-By Shooting at Acoma Pueblo HomeRead the Press Release
ALBUQUERQUE – Preston Chino, 21, a member and resident of Laguna Pueblo, pleaded this morning to a federal assault charge. Under the terms of his plea agreement, Chino will be sentenced to 96 months in prison followed by a term of supervised release to be determined by the court.
Chino was one of four members of Laguna Pueblo charged with assault and firearms offenses arising out of a drive-by shooting at an Acoma Pueblo home. Chino and his co-defendants, Cameron Joseph Kasero, 21, Joseph Edward Lucero, 24, and Andrea Carrillo, 22, were indicted in July 2013, for allegedly assaulting two men and a woman on Dec. 9, 2012, by discharging firearms at a residence located in Acoma Pueblo in Cibola County, N.M.
This morning, Chino admitted aiding and abetting Kasero and Lucero in assaulting the three victims by providing shotguns and ammunition to Kasero and Lucero. Chino also admitted driving Kasero and Lucero to the victims’ Acoma Pueblo home where they discharged the shotguns multiple times in the direction of the residence.
Chino is in federal custody and will remain detained pending his sentencing hearing, which has yet to be scheduled.
Co-defendants Kasero, Lucero and Carrillo 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 in a court of law.
This case was investigated by the Albuquerque office of the FBI, the Laguna Agency of the BIA’s Office of Justice Services, the Acoma Pueblo Tribal Police and the Pueblo of Laguna Tribal Police Department. Assistant U.S. Attorney Kyle T. Nayback is prosecuting the case.
Crownpoint Man Pleads Guilty to Federal Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Elbanal Al Johnson, 34, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., pleaded guilty this morning to a felony information charging him with abusive sexual contact. Under the terms of the plea agreement, Johnson will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court. Johnson will have to register as a sex offender when he completes his prison sentence.
Johnson was arrested in March 2013, based on a criminal complaint charging him with sexually assaulting an 11-year-old Indian child in Crownpoint in Nov. 2012. According to court filings, the child victim was in Johnson’s care when Johnson committed the crime. During today’s proceedings, Johnson admitted sexually assaulting the child victim on Nov. 5, 2012.
Johnson has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has not been scheduled.
This case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Las Cruces Man was Sentenced to Seventy-Eight Months for Violating Federal Drug and Fireram LawsRead the Press Release
ALBUQUERQUE – John Wade Crist, 57, of Las Cruces, N.M., was sentenced this morning in Las Cruces federal court for his conviction on methamphetamine trafficking and firearms charges. Crist will serve a 78-month prison sentence that will be followed by four years of supervised release.
Crist was arrested on Nov. 15, 2013, and a two-count indictment charging him with distribution of methamphetamine and being a felon in possession of a firearm. According to the indictment, Crist distributed methamphetamine and possessed a firearm in Doña Ana County, N.M., on June 19, 2013. At the time, Crist was prohibited from possessing firearms or ammunition because he previously had been convicted of two narcotics trafficking offenses.
On May 7, 2014, Crist entered a guilty plea to the indictment. In his plea agreement, Crist admitted selling 23.3 grams of methamphetamine to an undercover officer who was posing as a drug dealer on June 19, 2013, in Doña Ana County. Crist also admitted that on that same date, he possessed a shotgun and sold the firearm to the undercover officer.
This case was investigated by the Las Cruces office of the FBI and was prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
Albuquerque Woman Pleads Guilty to Participating in Scheme to Smuggle Drugs into Otero County PrisonRead the Press Release
ALBUQUERQUE – Ana Lopez, 24, of Albuquerque, N.M., pleaded guilty in federal court in Las Cruces yesterday afternoon to an indictment charging her with conspiracy to distribute methamphetamine and heroin. In entering her guilty plea, Ana Lopez admitted participating in a conspiracy to smuggle drugs into the Otero County Prison Facility (OCPF) between Dec. 2013 and April 2014.
Lopez was one of six individuals charged in April 2014, in a criminal complaint with conspiracy to violate the federal narcotics laws by smuggling controlled substances into the OCPF. The other defendants charged with participating in the conspiracy were Luis Delgadillo, 37, of El Paso, Texas, who was then employed as a corrections officer at OCPF, Nancy Salas, 35, of Alamogordo, N.M., and three OCPF inmates, Eric Lovato, 30, of Boles Acres, N.M., and Armando Lopez, 27, and Gary Borja, 26, both of Albuquerque. All six defendants subsequently were indicted on a conspiracy to distribute methamphetamine and heroin charge on Aug. 20, 2014.
According to court filings, the FBI initiated an investigation into the case in Jan. 2014, after receiving information from the New Mexico Corrections Department allegedly showing that Delgadillo was smuggling heroin and methamphetamine into the OCPF. The investigation, which included a review of recorded inmate telephone calls and OCPF surveillance video, physical surveillance and the results of inmate drug testing, identified the six defendants as members of a conspiracy who allegedly smuggled narcotics into the OCPF between Jan. 2014 and April 2014.
In her plea agreement, Ana Lopez admitted participating in a conspiracy to smuggle drugs into the OCPF. The plea agreement states that Ana Lopez was recruited to help smuggle drugs into the prison in Jan. 2014. Ana Lopez admitted delivering an ounce of heroin in Feb. 2014 and again in March 2014, to a person knowing that the person would give it to a corrections officer who would smuggle the heroin into the prison. Ana Lopez also admitted that on April 26, 2014, she met with the corrections officer and gave him 25 grams of methamphetamine, 11 grams of heroin and 10 suboxone pills so he could smuggle the drugs into the prison.
At sentencing, Ana Lopez faces a statutory maximum penalty of 20 years in prison. She remains in federal custody pending her sentencing hearing, which has yet to be scheduled.
The five co-defendants have entered not guilty pleas to the indictment. All five are in federal custody pending trial, which has yet to be scheduled. Charges in criminal complaints and indictments are merely accusations and criminal defendants are presumed innocent unless convicted in a court of law.
This case was investigated by the Las Cruces office of the FBI and the New Mexico Corrections Department and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
Former Sandia Corporation Scientist Pleads Guilty to Taking Government Property to ChinaRead the Press Release
ALBUQUERQUE – Jianyu Huang, a scientist formerly employed by Sandia Corporation (Sandia) at Sandia National Laboratories (SNL), pleaded guilty this afternoon to making a false statement and unlawfully transporting converted government property in interstate and foreign commerce. The guilty plea was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division.
Huang, 46, a naturalized U.S. citizen from the People’s Republic of China who resides in Albuquerque, N.M., was arrested in June 2012, on a six-count indictment charging him with misusing U.S. government resources and equipment to conduct research for Chinese research institutions and with falsely stating that he did not intend to take U.S. government equipment with him on a trip to China. The indictment subsequently was superseded to add an interstate transportation of converted property charge and a theft of government property charge. Huang was employed by Sandia until his employment was terminated in late April 2012.
SNL is a government-owned research facility operated by Sandia Corporation for the U.S. Department of Energy (DOE) National Nuclear Security Administration (NNSA) that is responsible for ensuring the safety of the nation’s nuclear stockpile; enhancing the security of energy and other critical resources; reducing the proliferation of weapons of mass destruction; addressing threats to national security; and protecting the nation against terrorism. The Center for Integrated Nanotechnologies (CiNT) is a DOE user facility and science research center devoted to establishing scientific principles that govern the design, performance, and integration of materials on the atomic and molecular scale, located at SNL.
In light of the sensitivity of SNL’s work, all Sandia employees are required to report to the Sandia Office of Counterintelligence (SOC) any substantive relationship with foreign nationals, including associations that involve meeting and sharing work-related information. Sandia employees also are required to submit to interviews with SOC before international travel on official business, and are prohibited from bringing government-owned equipment on international travel without prior approval.
Huang was employed by Sandia at CiNT, where he worked in an unclassified open science facility without access to classified national security information. As a Sandia employee, Huang was prohibited from bringing government-owned equipment on international travel without prior approval.
Counts 1 through 5 of the second superseding indictment charged Huang with federal program fraud and alleged that between Jan. 2009 and Jan. 2012, Huang unlawfully and without authority used DOE equipment, materials and property to conduct research for businesses and universities in the People’s Republic of China. Count 6 charged Huang with making a false statement charge to a federal officer and alleged that, in June 2011, Huang falsely represented to a counterintelligence officer that he would not take any U.S. government electronic equipment with him on an upcoming trip to the People’s Republic of China. The statement was false because Huang knew that he intended to take a U.S. government computer and hard-drive to the People’s Republic of China on that trip, and did in fact take that equipment with him. Count 7 charged Huang with the interstate transportation of converted property charge and alleged that between June 30, 2011 and July 18, 2011, Huang unlawfully transported a DOE-owned laptop computer and computer-related media in interstate and foreign commerce. Count 8 charged Huang with an embezzlement charge and alleged that between April 25, 2012 and June 2, 2012, Huang embezzled electronic files and documents, including research proposals, belonging to DOE that came into his possession by virtue of his employment with SNL.
During his plea hearing this afternoon, Huang pled guilty to Counts 6 and 7 of the second superseding indictment. In his plea agreement, Huang admitted taking a trip to China in July 2011, for the purpose of attending and making a presentation at a research conference. Huang acknowledged that in seeking and obtaining Sandia’s permission to participate in the conference, he represented that he would not take any DOE-owned equipment with him. Huang also admitted deliberately lying to a counterintelligence office when he made the representation because he intended to take his DOE-owned laptop on the trip.
Huang admitted taking a DOE-owned laptop computer with him when he traveled to China on June 30 and July 1, 2011, even though he knew that he did not have permission to do so. In so doing, Huang unlawfully converted the laptop computer to his own use. According to Huang’s plea agreement, U.S. Customs and Border Protection agents seized the DOE-owned laptop from Huang’s baggage when he returned to the United States on July 18, 2011, after Huang admitted that he did not have permission to take the laptop computer out of the country.
Under the terms of the plea agreement, Huang will be sentenced to a year and a day in federal prison followed by a term of supervised release to be determined by the court. Huang’s sentencing hearing has yet to be scheduled.
The case was investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorney Jonathon M. Gerson.
Farmington Man Sentenced to Probation for Dumping Residential Septic Tank Waste onto Federal LandsRead the Press Release
ALBUQUERQUE –Alex Wiggins, 52, of Farmington, N.M., was sentenced this morning to a year of probation for his misdemeanor conviction on a depredation of government property charge. Wiggins also was ordered to perform 100 hours of community service.
Alex Wiggins and his brother Anthony Wiggins, 55, also a Farmington resident, were indicted in June 2013, and charged with conspiracy to depredate government property by dumping liquid waste pumped from residential septic tanks onto federal land in San Juan County, N.M., that was administered by the Bureau of Land Management (BLM). The indictment also charged the two men with three counts of depredation of government property for dumping residential septic tank waste onto federal lands on three separate occasions in March 2013. At the time of the crimes charged in the indictment, Anthony Wiggins was the primary operator of A-1 Septic, a residential septic tank waste disposal company in Farmington, and Alex Wiggins worked for his brother’s company.
The investigation of this case began in March 2013, after a private citizen reported seeing a black sludge-like substance on a remote rural road in San Juan County to the San Juan County Sheriff’s Office (SJCSO). After it was determined that the property at which the substance was dumped was federal land, the BLM partnered with the SJCSO to conduct the investigation. During the investigation, covert cameras photographed a septic vacuum pumper truck and the defendants as they dumped residential septic tank waste onto BLM administered federal lands on March 6 and 9, 2013.
Alex Wiggins entered a guilty plea on May 27, 2014, to a misdemeanor information charging him with depredation of government property. In his plea agreement, Alex Wiggins admitted that, while working for his brother’s company, he and his brother dumped several truckloads of raw sewage onto land owned and administered by BLM for the purpose of disposing of the waste. He acknowledged knowing that this was not a proper way to dispose of the septic waste and that it was in fact illegal.
Anthony Wiggins entered a guilty plea in Oct. 2013, to Count 3 of the indictment which charged him with the felony offense of depredation of government property. He was sentenced on May 30, 2014, to a year of probation and was ordered to pay $2,193.13 in restitution to the BLM to cover the cost for cleaning up the septic waste.
This case was investigated by the BLM and the SCJSO and was prosecuted by Assistant U.S. Attorney Sean J. Sullivan.
Federal Jury Finds San Felipe Pueblo Man Guilty on Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a guilty verdict today against Daniel Phillip Tenorio on sexual abuse charges after a four-day trial, announced U.S. Attorney Damon P. Martinez and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.
Tenorio, 55, a member and resident of San Felipe Pueblo in Sandoval County, N.M., was indicted in Sept. 2013, and charged with two counts of abusive sexual contact. According to the indictment, Tenorio had unlawful sexual contact with the victim between Jan. 2011 and Dec. 2011, in locations with San Felipe Pueblo in Sandoval County, N.M.
Trial of the case commenced on Aug. 18, 2014 and concluded this afternoon when the jury returned a verdict of guilty on both counts of the indictment.
The evidence at trial established that on Jan. 24, 2012, the BIA initiated an investigation into Tenorio after receiving a referral from a school counselor reporting that a 16-year-old San Felipe Pueblo girl had disclosed possible sexual abuse. According to the referral, the victim reported that Tenorio had sexually abused her by touching her in inappropriate ways and directing sexual comments at her. The victim testified about Tenorio’s practice of grabbing and fondling her breasts and bottom and making sexually explicit comments about what he wanted to do to her. Witnesses testified that they observed Tenorio grab and fondle the victim and direct sexually explicit remarks to her.
The evidence before the jury included two audio-taped interviews of Tenorio. During the first interview, Tenorio initially denied the victim’s allegations, but later admitted touching the victim in inappropriate ways and discussing sex in front of her. During the second interview, Tenorio admitted grabbing and fondling the victim’s chest and bottom and saying that he wanted to engage in sexual acts with her. He also admitted lying to the law enforcement officers when he initially denied the victim’s allegations. The evidence also included a handwritten statement by Tenorio in which he admitted having lied to the BIA and FBI when he denied the victim’s allegations, apologized for the way he treated the victim, and expressed remorse for his improper conduct.
Tenorio testified in his own defense and claimed that he was coerced into admitting that he had improper sexual contact with the victim.
Tenorio was remanded into federal custody after the jury returned its verdict and will remain detained pending his sentencing hearing, which has yet to be scheduled. Tenorio faces a statutory maximum of ten years in prison. He will be required to register as a sex offender after completing his prison sentence.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services with assistance from the Albuquerque office of the FBI, and is being prosecuted by Assistant U.S. Attorneys Kyle T. Nayback and Novaline D. Wilson.
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 Eighteen Years for Conviction on Federal Carjacking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Raul Ortega, 21, of Albuquerque, N.M., was sentenced this afternoon to 18 years in federal prison for his conviction on carjacking and firearms charges. Ortega will be on supervised release for three years after completing his prison sentence. Ortega also was ordered, jointly with his co-defendant, to pay $2335.24 in restitution to the victims of his criminal conduct.
Ortega and his co-defendant, Joel Meeks, 21, also of Albuquerque, were arrested in April 2013, on an eight-count indictment charging the pair with offenses stemming from a series of armed robberies of commercial businesses and home invasions, including armed robbery and carjacking, occurring in Bernalillo County, N.M., from Dec. 6, 2012 to Jan. 17, 2013.
According to court filings, Meeks robbed a business called “Up in Smoke” at gunpoint on Dec. 6, 2012. Meeks also robbed a business called “PDQ” at gunpoint on Dec. 7, 2012, and discharged his firearm while committing the crime. Meeks and Ortega jointly committed two carjackings on Jan. 13, 2013 and Jan. 17, 2013, and brandished firearms while committing those crimes.
On Feb. 19, 2014, Ortega entered guilty pleas to Counts 5 and 7 of the indictment, which charged him with the Jan 13, 2013 and Jan. 27, 2013 carjackings. He also pled guilty to Count 6, which charged him with using a firearm during the Jan 13, 2013 carjacking.
On April 1, 2014, Meeks entered guilty pleas to Counts 3 and 4 of the indictment, which charged him with robbing the PDQ store on Dec. 7, 2012, and with discharging a firearm while robbing the store. He also pled guilty to Counts 5 and 7, which charged him with the Jan. 13, 2013 carjacking and Jan. 17, 2013 carjacking, respectively. Meeks remains in custody pending his sentencing hearing, which has yet to be scheduled. Under the terms of his plea agreement, he faces a prison sentence within the range of 20 to 25 years.
This case was brought as part of a law enforcement initiative launched in July 2012, by the FBI’s Violent Crimes and Major Offender Squad and the Albuquerque Police Department’s Armed Robbery Unit that targets suspects implicated in commercial armed robberies. This initiative is part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under the worst of the worst 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 our communities for as long as possible.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.
Former Los Alamos National Laboratory Worker Sentenced for Violating Atomic Energy Act ViolationsRead the Press Release
ALBUQUERQUE – The Justice Department today announced that a former contract employee at the Los Alamos National Laboratory (LANL) was sentenced this morning for conspiring to violate the Atomic Energy Act by communicating classified nuclear weapons data to a person believed to be a Venezuelan government official, and making false statements to the FBI.
Marjorie Roxby Mascheroni, 71, of Los Alamos, N.M., was sentenced by U.S. District Judge William P. Johnson to a year and a day in federal prison followed by three years of supervised release based on a guilty plea entered in June 2013. Her husband, Pedro Leonardo Mascheroni, 79, a naturalized U.S. citizen from Argentina who is also a former LANL employee, also entered a guilty plea in June 2013, and is in federal custody pending his sentencing hearing.
According to court filings, Mascheroni, a Ph.D. physicist, worked as a scientist at LANL from 1979 to 1988 and held a security clearance that allowed him access to certain classified information, including “Restricted Data.” Roxby Mascheroni worked at LANL between 1981 and 2010, where her duties included technical writing and editing. She also held a security clearance at LANL that allowed her access to certain classified information, including “Restricted Data.” As defined under the Atomic Energy Act, “Restricted Data” is classified information concerning the design, manufacture or use of atomic weapons; the production of special nuclear material; or the use of special nuclear material in the production of energy.
Mascheroni and Roxby Mascheroni were indicted in Sept. 2010, and charged with conspiracy to communicate and communicating Restricted Data to an individual with the intent to secure an advantage to a foreign nation. The indictment also charged the couple with conspiracy to convey and conveying classified Restricted Data. It also charged Mascheroni with concealing and retaining U.S. records with the intent to convert them to his own use and gain, and both defendants with making false statements.
Roxby Mascheroni pled guilty to Count 6 of the indictment, charging her with conspiracy, and Counts 16 through 22, charging her with making false statements. She also pleaded guilty to an information charging her with conspiracy to communicate Restricted Data. In entering her guilty plea, Roxby Mascheroni admitted that between Oct. 2007 and Oct. 2009, she conspired with Mascheroni to convey Restricted Data belonging to the United States to another person with reason to believe that the information would be used to secure an advantage to Venezuela. She also admitted making materially false statements to the FBI when she was interviewed in Oct. 2009.
Mascheroni pleaded guilty to Counts 7 and 8 of the indictment, charging him with conversion of government property, and Counts 10 through 15, charging him with making false statements. Mascheroni also pleaded guilty to an information charging him with two counts of communication of Restricted Data and one count of retention of national defense information. Mascheroni admitted that in Nov. 2008 and July 2009, he unlawfully communicated Restricted Data to another individual with reason to believe that the data would be utilized to secure an advantage to Venezuela. He also admitted unlawfully converting Department of Energy information to his own use and selling the information in Nov. 2008 and July 2009, and failing to deliver classified information relating to the United States’ national defense to appropriate authorities and instead unlawfully retaining the information in his home. Finally, Mascheroni admitted making materially false statements to the FBI when he was interviewed in Oct. 2009.
The indictment in this case did not allege that the government of Venezuela or anyone acting on its behalf sought or was passed any classified information, nor did it charge any Venezuelan government officials or anyone acting on their behalf with wrongdoing. The indictment also did not allege any wrongdoing by other individuals working at LANL.
This investigation was conducted by the FBI’s Albuquerque Division with assistance from the Department of Energy and LANL. The prosecution is being handled by Assistant U.S. Attorneys Fred J. Federici, Dean Tuckman and Holland S. Kastrin of the U.S. Attorney’s Office for the District of New Mexico, and Acting Section Chief Kathleen Kedian and Trial Attorney David Recker of the Counterespionage Section of the Justice Department’s National Security Division.
Federal Jury Finds Kirtland, N.M., Man Guilty on Sexual Assault ChargesRead the Press Release
ALBUQUERQUE – A federal jury sitting in Santa Fe, N.M., returned a verdict this afternoon finding Steven Michael John guilty on sexual abuse charges after a three-day trial. The jury’s verdict was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and Director John Billison of the Navajo Nation Division of Public Safety.
John, 21, an enrolled member of the Navajo Nation who resides in Kirtland, N.M., was arrested on July 24, 2013, on a criminal complaint alleging sexual abuse charges. John was indicted on Aug. 14, 2013, and charged with attempted aggravated sexual abuse and abusive sexual contact. The indictment alleged that John attempted to force the victim to engage in a sexual act at a location within the Navajo Indian Reservation in San Juan County, N.M., on July 18, 2013. It also alleged that John engaged in sexual contact with the victim on that day.
Trial of this case began on Aug. 18, 2014, and concluded this afternoon when the jury returned a guilty verdict on both counts of the indictment.
The evidence at trial established that on the afternoon of July 18, 2013, John broke into a residence in Sanostee, N.M., and attempted to rape a 16- year-old Navajo girl. The victim was taking a shower when John entered the residence and attacked her. Although the victim resisted John’s attack and was able to prevent John from raping her, John groped the victim’s naked body during their struggle. After John fled from the residence, the victim called 911 and reported the assault. The evidence presented to the jury included the victim’s recorded 911 telephone call, photographs of the injuries the victim suffered as she struggled against John’s attack, and the testimony of medical professionals who treated the victim after the assault.
John faces a statutory maximum penalty of life imprisonment when he is sentenced. His sentencing hearing has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. The case is being prosecuted by Assistant U.S. Attorney Jennifer M. Rozzoni with assistance from Kristopher N. Houghton, Esq., a contractor with the U.S. Attorney’s Office.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Albuquerque Man Sentenced to Almost Twenty-Seven Years for Armed Bank Robbery Spree in 2013Read the Press Release
ALBUQUERQUE – James Charles Mollohan, 36, of Albuquerque, N.M., was sentenced this afternoon to 332 months (26.83 years) in prison followed by five years of supervised release for his conviction on four armed bank robbery charges and using a firearm in relation to a crime of violence. 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, and Chief Gorden E. Eden, Jr., of the Albuquerque Police Department.
U.S. Attorney Damon P. Martinez said that Mollohan 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.
“The FBI has been taking dangerous bank robbers off the streets since the days of John Dillinger and Pretty Boy Floyd. Anybody who thinks he or she can become America's newest Public Enemy #1 better brush up on some history and find another line of work fast,” said FBI Special Agent in Charge Carol K.O. Lee. “The FBI is proud of its partnership with the Albuquerque Police Department, the New Mexico Corrections Department Probation and Parole and the U.S. Attorney's Office. Together, we are making a difference in our communities.”
“The Albuquerque Police Department is indebted to our federal law enforcement partners who recognized the extreme danger James Charles Mollohan was to our community,” said APD Chief Gorden Eden. “As a result of this federal anti-violence initiative, Mollohan will no longer threaten our community.”
Mollohan was arrested on Feb. 1, 2013, on a criminal complaint charging him with the armed robbery of the New Mexico Educators Federal Credit Union branch located at 3205 Coors Blvd. NW in Albuquerque. On that day, Mollohan approached a bank teller, pointed a handgun at the teller, and demanding money. As the teller opened the cash drawer in response to Mollohan’s demand, the teller surreptitiously activated an alarm before handing cash to Mollohan. Mollohan was arrested in the vicinity of the bank shortly thereafter by an FBI agent and an APD officer who were in the area and responded to a radio transmission alerting them of the bank robbery. Mollohan was in possession of a loaded semi-automatic handgun and a significant amount of cash when he was arrested.
On March 7, 2014, Mollohan pled guilty to a five-count felony information charging him with four counts of armed bank robbery and possession of a firearm in relation to a crime of violence. In entering his guilty plea, Mollohan admitted robbing at gunpoint the following Albuquerque-area banks: the Bank of Albuquerque branch located at 3301 Coors Blvd. NW on Jan. 12, 2013; the New Mexico Bank and Trust branch located at 6201 Riverside Plaza Lane on Jan. 29, 2013; and New Mexico Educators Federal Credit Union located at 3205 Coors Blvd. NW on Jan. 29, 2013 and again on Feb. 1, 2013.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department with assistance from the Probation and Parole Division of the New Mexico Corrections Department, and was prosecuted by Assistant U.S. Attorney Charles L. Barth.
Prior Felon from Las Cruces Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Christopher Alex Ruiz, 26, of Las Cruces, N.M., pleaded guilty this morning to being a felon in possession of a firearm and ammunition. The guilty plea was entered without the benefit of a plea agreement.
Ruiz 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.
Ruiz was charged in March 2014, in a criminal complaint alleging that he unlawfully possessed a firearm and ammunition on Jan. 6, 2014, in Doña Ana County, N.M. Ruiz subsequently was indicted on that same charge. In Jan. 2014, Ruiz was prohibited from possessing firearms and ammunition because he previously had been convicted of the following felony offenses: aggravated burglary, forgery, unlawful carrying of a deadly weapon on school premises, larceny and of burglary of a vehicle on two occasions.
Ruiz has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Ruiz faces a statutory maximum penalty of ten years in prison. If adjudged to be a career criminal, Ruiz faces a mandatory minimum penalty of 15 years in prison.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Fugitive Apprehension Unit of the New Mexico Corrections Department, the Las Cruces Police Department, the Doña Ana County Sheriff’s Office and the New Mexico State University Police Department with assistance from the 3rd Judicial District Attorney’s Office. Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Laguna Pueblo Man Pleads Guilty to 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, pleaded guilty this morning to two counts of a four-count indictment under a plea agreement with the U.S. Attorney’s Office. Under the terms of the plea agreement, Marmolejo will be sentenced to a prison term within the range of 100 to 120 months followed by a term of supervised release to be determined by the court.
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.
During today’s proceedings, 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.
Marmolejo is in federal custody and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI, the Laguna Agency of the BIA’s Office of Justice Services, and the Pueblo of Laguna Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Accountant from Rio Arriba County Pleads Guilty to Federal Conspiracy, Mail Fraud and Identity Theft ChargesRead the Press Release
ALBUQUERQUE – Jasonn Gonzales, 41, an accountant from Velarde, N.M., pleaded guilty this morning to conspiracy, mail fraud and aggravated identity theft charges arising out of a scheme to defraud the federal and state unemployment insurance system. The guilty plea was entered without the benefit of a plea agreement.
Gonzales and his co-defendant, Gerald Archuleta, 43, of Ojo Caliente, N.M., were charged in a six-count indictment that was filed on March 26, 2014. Count 1 charged the two men with conspiracy to commit mail fraud in furtherance of a scheme to defraud the federal and state Unemployment Insurance System in New Mexico, Texas and Colorado of money by false and fraudulent pretenses. Counts 2 through 5 of the indictment charged the men with mail fraud, and Count 6 charges Gonzales alone with aggravated identity theft.
According to the indictment, the federal and state Unemployment Insurance System seeks to lessen the effects of unemployment through payments made to claimants (laid-off workers) on a weekly basis while the claimants seek employment. The unemployment insurance program is administered on behalf of the federal government by state workforce agencies in each state. The indictment alleges that between 2009 and 2012, Gonzales and Archuleta schemed to defraud the New Mexico Department of Workforce Solutions, the Texas Workforce Commission and the Colorado Department of Labor and Employment of more than $1,356,000 by making false and fraudulent claims for unemployment benefits in the names of real people.
The indictment alleges that Gonzales and Archuleta perpetuated their unlawful scheme by fraudulently registering numerous non-existent companies with the three state workforce agencies and filing false quarterly reports for the fictitious companies which identified claimed employees. The two men allegedly provided the names, dates of birth and social security numbers of the claimed employees to the state agencies without the knowledge or authorization of the claimed employees, who were real people. Gonzales and Archuleta then allegedly made false and fraudulent claims for unemployment benefit claims on behalf of the claimed employees of the fictitious companies. The two men allegedly opened post office boxes in New Mexico, Texas and Colorado, which they provided to the three state workforce agencies as mailing addresses for the claimed employees. The state agencies mailed debit cards to the claimed employees at the post office boxes and the defendants allegedly used the debit cards to withdraw the fraudulently obtained benefits. During the life of the conspiracy, Gonzales and Archuleta allegedly submitted fraudulent claims for unemployment benefits in the aggregate amount of $1,356,461, and defrauded the three state workforce agencies of approximately $801,848, in total.
The indictment includes forfeiture provisions seeking a money judgment in the amount of $801,848 as well as the forfeiture of assets and property which constitute or are derived from proceeds traceable to the criminal activity alleged in the indictment.
During today’s proceedings, Gonzales pled guilty to all six counts of the indictment. Gonzales also admitted to the forfeiture provisions of the indictment and to the entry of an $801,848 money judgment against him. At sentencing, Gonzales faces a statutory maximum penalty of 20 years in federal prison on the conspiracy charge and each of the five mail fraud charges. He also will be sentenced to a two-year mandatory prison sentence to be served consecutive to any sentence imposed on the conspiracy and mail fraud charges. Gonzales’ sentencing date has yet to be scheduled.
Archuleta has entered a not guilty plea to the indictment. Charges in indictments are merely accusations and Archuleta is presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Department of Labor Office of Inspector General, Office of Labor Racketeering and Frauds Investigations, and the U.S. Postal Inspection Service, and is being prosecuted by Assistant U.S. Attorney Tara C. Neda.
Rio Arriba County Sheriff Thomas R. Rodella and his Son Arrested on Federal ChargesRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Special Agent Carol K.O. Lee of the FBI’s Albuquerque Division announced Rio Arriba County Sheriff Thomas R. Rodella and his son, Thomas R. Rodella, Jr., were arrested this morning by the FBI on a federal indictment charging them with civil rights, firearms and falsification of documents charges.
Sheriff Rodella, 52, and Rodella, Jr., 26, both residents of Española, N.M., are charged in a five-count indictment that was filed under seal on Aug. 12, 2014, and unsealed earlier today following their arrests. The two men made their initial appearances in federal court in Albuquerque, N.M., earlier this morning.
The indictment against Sheriff Rodella and Rodella, Jr., arise out of a March 11, 2014 incident occurring in Rio Arriba County, N.M., during which the two men allegedly engaged in the high-speed pursuit and unreasonable seizure of a victim identified as “M.T.” Count 1 of the Indictment charges Sheriff Rodella and Rodella, Jr., with participating in a conspiracy to violate the victim’s civil rights by subjecting him to an unreasonable seizure while acting under color of law. Count 2 charges the two men with subjecting the victim to an unreasonable seizure while acting under color of law. It further alleges that the offense against the victim involved the use of a dangerous weapon and resulted in bodily injury to the victim. Count 3 charges Sheriff Rodella with brandishing a firearm during a crime of violence. Counts 4 and 5 charge Sheriff Rodella and Rodella, Jr., respectively, with making false statements in law enforcement reports regarding the events giving rise to charges in Counts 1 and 2 of the indictment.
According to the indictment, on March 11, 2014, Sheriff Rodella and Rodella, Jr., who were in the Sheriff’s personal vehicle, allegedly engaged in a high-speed pursuit of the victim and used the Sheriff’s vehicle to block the victim’s vehicle on a dead-end lane. It alleges that Sheriff Rodella, who was not in uniform, jumped out of his vehicle with firearm in hand, entered the victim’s vehicle, and assaulted the victim with the firearm. Rodella, Jr., allegedly dragged the victim out of his vehicle and identified the victim’s alleged assailant as the Sheriff. In response to the victim’s request to see his badge, Sheriff Rodella allegedly pulled the victim’s head up by his hair and slammed his badge into the victim’s face.
The indictment alleges that Sheriff Rodella instructed his deputies to arrest the victim and detain him at the Rio Arriba County Detention Center, and that the Sheriff and Rodella, Jr., falsely represented to the deputies that the victim had attempted to injure the Sheriff. According to the indictment, on March 12, 2014, the Sheriff and Rodella, Jr., each made false statements in law enforcement reports regarding the events underlying the victim’s arrest. Sheriff Rodella allegedly falsely wrote that the victim had driven his vehicle at a high rate of speed and tried to run him over. Rodella, Jr., allegedly falsely wrote that the victim’s vehicle accelerated towards the Sheriff and almost hit the Sheriff.
“A vast majority of law enforcement officers work courageously every day to make our communities safe,” said U.S. Attorney Damon P. Martinez. “Because those in uniform deserve our respect and support, it is vitally important to prosecute officers who violate their oaths of office and the public trust placed in them. The Department of Justice is committed to holding law enforcement officers accountable when they violate their sworn duty to uphold the Constitution.”
“As the lead agency for enforcing federal civil rights laws, the FBI wants to make it clear no one is above the law, regardless of what uniform you wear or rank you hold. Those charged with upholding the law must and will be held accountable,” said FBI Special Agent in Charge Carol K.O. Lee. “Let today’s arrests serve notice to those few out there who would tarnish their badge by violating the public trust: the FBI will thoroughly investigate each and every allegation, and the U.S. Attorney’s Office will prosecute you to the fullest extent of the law. I want to thank the FBI Special Agents and support staff for their work during this investigation, as well as the U.S. Attorney’s Office for their assistance in this case.”
If convicted on Counts 1 and 2, the conspiracy and civil rights charges, Sheriff Rodella and Rodella, Jr., each face a statutory maximum penalty of ten years in prison. Each man each faces a statutory maximum penalty of 20 years if convicted on Counts 4 and 5, the falsification of documents charge. If convicted on Count 3, the firearms charge, Sheriff Rodella faces a mandatory seven years in prison to be served consecutive to any sentence imposed on the other charges.
This case was investigated by the Albuquerque and Santa Fe offices of the FBI and is being prosecuted by Assistant U.S. Attorney Tara C. Neda.
The charges set forth in the indictment are merely accusations and the defendants are presumed innocent unless proven guilty.
- Rodella Indictment
Portales Man Pleads Guilty to Using Telephone in Attempt to Commission a Murder-For-HireRead the Press Release
ALBUQUERQE – Cody Guss, 37, of Portales, N.M., pleaded guilty this morning to an indictment charging him with using a telephone in interstate commerce to commission a murder-for-hire. Guss entered his guilty plea without the benefit of a plea agreement.
Guss was arrested on March 27, 2014, on a criminal complaint charging him with using a cellular telephone in interstate commerce to commission a murder-for-hire. He was indicted on that same charge in April 2014. According to the indictment, on March 26, 2014, Guss used a telephone to negotiate the commission of a murder in exchange for $5,000.00. The offense was committed in Curry County, N.M.
According to court filings, between Feb. 27, 2014 and March 26, 2014, Curry had telephone communications with an undercover officer of the Amarillo (Texas) Police Department during which he contracted for the officer to murder his wife. The communications occurred while Guss was in New Mexico and the officer was in Texas. On March 26, 2014, Guss met with the officer in Clovis, N.M., to finalize plans for the murder. During the meeting, Guss gave the officer a key to his residence and made arrangements for the officer to enter the residence while his wife was alone in the residence.
During this morning’s proceedings, Guss entered a guilty plea to the indictment. Guss has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. He faces a statutory maximum penalty of ten years in prison.
This case was investigated by the Roswell office of the FBI with assistance from the Amarillo (Texas) Police Department, and is being prosecuted by Assistant U.S. Attorneys Paul Mysliwiec and Norman Cairns.
Federal Officials to Announce Filing of Significant Federal IndictmentRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division will hold a press conference to announce the filing of a significant federal indictment TODAY, AUG. 15, 2014 AT 11:00 A.M. at the U.S. Attorney’s Office. No further information will be released until the press conference.
WHO: U.S. Attorney Damon P. Martinez for the District of New Mexico Special Agent in Charge Carol K.O. Lee, FBI’s Albuquerque Division WHAT: Press conference to announce the filing of a significant federal indictment. WHEN: FRIDAY, AUGUST 15, 2014, 11:00 A.M. WHERE: U.S. Attorney’s Office 10th Floor Multi-Media Room (Reception on 9th Floor) 201 Third Street NW Albuquerque, NM 87102 OPEN PRESSNOTE: All media must present government-issued photo ID (such as driver’s license) as well as valid media credentials. Media may begin to arrive at 10:30 a.m. Press inquiries regarding logistics should be directed to Jessica Masoner at 505-224-1448 or [email protected].
Laguna Pueblo Man Pleads Guilty to Assaulting Te-Moak Tribe WomanRead the Press Release
ALBUQUERQUE – Kyle S. Swimmer, 21, an enrolled member and resident of Laguna Pueblo, pleaded guilty this morning to a misdemeanor assault charge under a plea agreement with the U.S. Attorney’s Office.
Swimmer was arrested on May 27, 2014, on a criminal complaint charging him with assault by strangulation. On June 11, 2014, Swimmer was indicted and charged with assaulting his intimate partner by strangulation or suffocating. According to court filings, Swimmer assaulted his girlfriend, an enrolled member of the Te-Moak Tribe of Western Shoshone Indians, on May 14, 2014, in Laguna, N.M., in Cibola County, N.M., by pushing her against a wall and choking her.
During today’s proceedings, Swimmer pled guilty to an information charging him with assault by striking, beating or wounding the victim on May 14, 2014. Swimmer admitted to pushing the victim against the wall, placing his hands on her in an unlawful manner and throwing her down on the couch.
At sentencing, Swimmer faces a maximum penalty of 12 months in prison. His sentencing hearing has not yet been scheduled.
This case was investigated by the Pueblo of Laguna Tribal Police Department with assistance from the Pueblo of Laguna Fire and Rescue Department and is being prosecuted by Special Assistant U.S. Attorney David Adams. It 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.
Burkburnett, Texas Man Sentenced to Federal Prison for Extorting Money Through Telephone ThreatsRead the Press Release
ALBUQUERQUE – Steven Manuel White, 37, of Burkburnett, Texas, was sentenced in federal court in Las Cruces, N.M., this morning for violating the Hobbs Act by extorting money from another man by making threats of violence. White was sentenced to a year and a day in federal prison followed by two years of supervised release. He also was ordered to pay $2000.00 in restitution to the victim of his criminal conduct.
White and co-defendant Stacy Renee Campbell, 30, of Roswell, N.M., were charged in Aug. 2013, in a criminal complaint alleging that they extorted $2000.00 from the victim by sending text messages threatening to disclose the victim’s affair with Campbell. As directed by the threatening text messages, the victim wire-transferred $2000.00 from Roswell to the defendants in Wichita Falls, Texas. White then attempted to extort another $2000.00 from the victim. When the victim’s wife called White to say that his extortion threats would not work because she knew of the affair, White allegedly threatened to kill her and the victim. White and Campbell subsequently were arrested in the Northern District of Texas (Lubbock) and transferred to the District of New Mexico to face the charges in this case.
White pleaded guilty on Feb. 11, 2014, to violating the Hobbs Act by extorting money by making threats of violence. In entering his guilty plea, White admitted extorting $2000.00 from the victim in exchange for not disclosing the victim’s affair with Campbell. White acknowledged sending his demands and directions on how to facilitate the payment using text messaging and that the victim was traveling in interstate commerce from Lubbock to Roswell during this time.
Campbell entered a guilty plea on Feb. 11, 2014, to being an accessory after the fact. In her plea agreement, Campbell admitted making false statements to a detective of the Roswell Police Department. Specifically, Campbell admitted lying to the detective in order to prevent him from learning White’s identify in order to assist White in avoiding arrest and prosecution for his extortion of the victim.
At sentencing, Campbell faces a statutory maximum penalty of ten years in prison. Her sentencing hearing has yet to be scheduled.
This case was investigated by the Roswell office of the FBI and the Roswell Police Department and is being prosecuted by Assistant U.S. Attorney Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office.
Santa Fe Man Sentenced to Ten Years in Federal Prison for Participating in Crack Cocaine Trafficking ConspiracyRead the Press Release
ALBUQUERQUE – Robert Romero, 24, of Santa Fe, N.M., was sentenced today to 120 months in federal prison followed by four years of supervised release for his role in a cocaine base trafficking conspiracy. Romero previously had entered a guilty plea on May 13, 2014, to two drug trafficking charges and a firearms charge.
Romero was one of five men who were indicted in April 2013, on federal narcotics and firearms charges as the result of “Operation Rio Grande Stucco,” a DEA led investigation into an organization that allegedly manufactured and distributed cocaine base, more commonly known as “crack” or “crack cocaine,” in Bernalillo and Santa Fe Counties, N.M.
The five-count indictment charged Romero and Michael Jaramillo, 24, also of Santa Fe, and Albuquerque residents, Gabriel Mirabal, 33, Sam Eylicio, Jr., 37, and Dominic Anaya, 33, with conspiracy to distribute crack cocaine in Bernalillo and Santa Fe Counties between May 2012 and April 2013. Romero was charged with possession of crack cocaine with intent to distribute in Santa Fe in July 2012, and with using and carrying a firearm in furtherance of a drug trafficking crime. Jaramillo also was charged with distributing crack cocaine in Santa Fe in March 2012. Mirabal was charged with possessing cocaine with intent to distribute in Albuquerque in Feb. 2013.
Jaramillo entered a guilty plea on March 21, 2014, to the conspiracy count and admitted purchasing crack cocaine from two of his co-defendants and then reselling it to others. On July 30, 2014, Jaramillo was sentenced today to 78 months in federal prison followed by four years of supervised release.
Eylicio pled guilty on June 23, 2014, to participating in a cocaine base trafficking conspiracy. Under the terms of his plea agreement, Eylicio will be sentenced to 125 months in federal prison followed by four years of supervised release. Eylicio remains in federal custody pending his sentencing hearing which is scheduled for Sept. 22, 2014.
Anaya entered a guilty plea to conspiracy to distribute crack cocaine on Aug. 5, 2014, and faces a prison term of not less than five years and not more than 40 years when he is sentenced. Anaya remains in custody pending his sentencing hearing which is scheduled for Nov. 3, 2014.
Mirabal has entered a not guilty plea to the indictment. If convicted, Mirabal faces a maximum penalty of not less than five years or more than 40 years in prison. He remains in custody pending trial. An indictment is merely an accusation, and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA and the HIDTA Region III Drug Task Force, with assistance from the 1st Judicial District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Nicholas J. Ganjei.
The Region III Drug Task Force is comprised of officers from the New Mexico State Police, Santa Fe Police Department and the Santa Fe County Sheriff’s Office and receives support from the HIDTA – High Intensity Drug Trafficking Area – program. HIDTA is a program of the White House Office of National Drug Control Policy that 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.
The investigation leading to the indictment, has been designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program, a nationwide Department of Justice initiative 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.
San Miguel County Man Charged with Unlawful Possession of a Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Earl Thomas Romo, 27, of Las Vegas, N.M., made his initial appearance in federal court this morning on an indictment charging him with being a felon in possession. The federal prosecution against Romo was announced by U.S. Attorney Damon P. Martinez, 4th Judicial District Attorney Richard Flores, and 8th Judicial District Attorney Donald Gallegos announced
The federal indictment, which was filed on July 10, 2014, alleges that Romo violated the federal firearms laws by unlawfully possessing a firearm and ammunition in San Miguel County, N.M., on Aug. 19, 2013. At the time, Romo was prohibited from possessing firearms or ammunition because he previously had been convicted of first degree murder in the 8th Judicial District Court for the State of New Mexico (Taos County).
According to court filings, Romo was arrested on state charges by officers of the Las Vegas Police Department on Aug. 19, 2013. At the time, Romo was under the supervision of probation officers of the Probation and Parole Division of the New Mexico Corrections Department following his release from custody on his prior conviction. As a condition of his probation, Romo was required to permit the probation officers to search him, his vehicle, his residence and his property if the officers believed that such searches would reveal evidence that Romo was in violation of the conditions of his probation.
Court filings allege that on Aug. 19, 2013, state probation officers conducted searches of Romo’s vehicle and residence after obtaining information that Romo had violated the conditions of his probation. The probation officers allegedly found ammunition in Romo’s vehicle and a firearm and 8.65 grams of cocaine in a safe they allegedly seized from Romo’s residence. Romo subsequently was charged with state firearms and drug charges by the 4th Judicial District Attorney’s Office. The state charges were subsequently dismissed in favor of federal prosecution, and Romo remained in state custody based on a probation violation until he was transferred to federal custody based on the federal indictment.
If convicted, Romo faces a statutory maximum penalty of ten years in prison. Charges in indictments are merely accusations and criminal defendants are presumed innocent unless convicted in a court of law.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Las Vegas Police Department and the Las Vegas Office of the Probation and Patrol Division of the New Mexico Corrections Department, with assistance from the 4th and 8th Judicial District Attorneys’ Offices. Assistant U.S. Attorney Louis E. Valencia is prosecuting the case.
This case is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Non-Indian Man Sentenced to Fifteen Years in Federal Prison for Sexually Abusing an Indian Child on Laguna Pueblo LandRead the Press Release
ALBUQUERQUE – Michael Ray Looney, 39, a non-Indian man who resides in the Pueblo of Laguna, N.M., was sentenced this morning to 15 years in federal prison for his child sexual abuse conviction. Looney will be on supervised release for 20 years after completing his prison sentence. He also will be required to register as a sex offender.
The sentence was announced by U.S. Attorney Damon P. Martinez, DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services, and Acting Chief Brian Carr of the Pueblo of Laguna Tribal Police Department.
Looney, who is originally from Portales, N.M., was arrested on June 28, 2013, on a criminal complaint alleging that he forced an Indian child between the age of 12 and 16 years to engage in sexual acts. According to the complaint, Looney committed these criminal acts within the Pueblo of Laguna in Cibola County, N.M.
On March 26, 2014, Looney entered a guilty plea to a felony information charging him with sexual abuse of a minor. In his plea agreement, Looney admitted to engaging in sexual acts with the child victim from March 2013 to June 2013. Looney also admitted knowing that the child victim was under 16 years of age when he violated the child.
Looney has been in federal custody since his arrest. He remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Laguna Agency of the BIA’s Office of Justice Services and the Pueblo of Laguna Tribal Police Department, and was prosecuted by Special Assistant U.S. Attorney David Adams.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Federal Judge Finds Carlsbad Man Guilty on Theft of Government Money ChargesRead the Press Release
ALBUQUERQUE – Yesterday a federal judge has entered an order finding Steven Michael Allumbaugh, 63, of Carlsbad, N.M., guilty on theft of government money and property charges following a bench trial in Dec. 2013. The charges underlying the guilty verdict arose out of Allumbaugh’s illegal conduct in intentionally concealing his father’s death from the Social Security Administration and misusing his father’s Social Security benefits for his personal use for almost a year.
In announcing the verdict, U.S. Attorney Damon P. Martinez said, “The Social Security Administration relies on the honesty and good faith of Social Security recipients and their families to report information that impacts continuing entitlement. The guilty verdict in this case should assure the public that the U.S. Attorney’s Office is committed to protecting the integrity of federal entitlement programs.”
“Concealing a family member’s death to collect the deceased’s Social Security benefits for personal use is an intolerable offense,” said Ron Jesz, Assistant Special Agent-in-Charge of the Social Security Administration (SSA) Office of the Inspector General (OIG) Dallas Field Division. “Our office is committed to pursuing all forms of fraud, waste and abuse involving Social Security's programs, especially cases of deceased payee fraud.”
Allumbaugh was arrested in Aug. 2013, on a criminal complaint charging him with theft of government funds. He subsequently was indicted and charged with fraudulently obtaining Social Security payments. In Dec. 2013, Allumbaugh waived his right to a jury trial and agreed to proceed to trial before a federal judge on a two-count felony information charging him with theft of government money and property. The information charged Allumbaugh with stealing an aggregate of $19,537.20 in money belonging to the Social Security Administration between Jan. 3, 2012 and Dec. 3, 2012, while knowing that he was not entitled to that money.
The order finding Allumbaugh guilty found that the trial evidence established that Allumbaugh’s father was receiving Social Security retirement benefits in the monthly amount of $1400.00 when he died on Jan. 4, 2012. Allumbaugh concealed his father’s death and did not report it to the Social Security Administration. Because it was unaware of the father’s death, the Social Security Administration continued to pay the father’s monthly benefits through Jan. 2013 via direct deposit into his bank account. From Jan. 2012 through Dec. 2012, Allumbaugh’s mother drew 17 checks on the bank account and made them payable to Allumbaugh, and he accepted and cashed each of the checks. In addition, Allumbaugh withdrew money from the bank account at automatic teller machines.
The trial evidence included the testimony of a Special Agent with the Social Security Administration’s Office of Inspector General who interviewed Allumbaugh in April 2013. The Special Agent testified that during the interview, Allumbaugh admitted using his father’s Social Security benefits after his father died and apologized for doing so. The Agent also testified about a written statement prepared by Allumbaugh in which he admitted knowing that he was not entitled to his father’s Social Security benefits, that he continued to receive and use his father’s benefits after his father’s death, and that he failed to inform the Social Security Administration that his father had died because the “death was covered up.”
Allumbaugh has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. Allumbaugh faces a statutory maximum sentence of ten years in prison when he is sentenced.
This case was investigated by the Dallas Field Office of the Office of Investigations of the Social Security Administration’s Office of Inspector General with assistance from the Roswell office of the FBI, and the Carlsbad Police Department. Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
El Paso Man Pleads Guilty to Federal Child Exploitation ChargeRead the Press Release
ALBUQUERQUE – Juan Carlos Hernandez, 44, of El Paso, Texas, pled guilty in federal court in Las Cruces, N.M., this morning to a felony information charging him with the online enticement of a minor to engage in illicit sexual activity. Under the terms of his plea agreement, Hernandez will be sentenced to ten years in federal prison to be followed by a term of supervised release to be determined by the court. Hernandez also will be required to register as a sex offender.
The guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Doña Ana County Sheriff Todd Garrison, and Las Cruces Police Chief Jaime Montoya.
Hernandez was arrested on Feb. 28, 2014, by HSI on a criminal complaint alleging that he engaged in the online solicitation of a child under the age of 16 years between Sept. 2012 and June 2013. The criminal complaint also charged Hernandez with traveling from El Paso to Anthony, N.M., in June 2013, with the intention of having illicit sexual contact with a child under the age of 16 years.
According to court filings, Hernandez met the child victim on an Internet social networking website in Sept. 2012, and the two began communicating regularly by text messaging on cellphones in May 2013. Hernandez was arrested on state charges in the early hours of June 22, 2013, after deputies of the Doña Ana County Sheriff’s Office found him with the child victim at a park in Anthony, N.M.
In July 2013, HSI obtained federal search warrants for the cellphones seized from Hernandez and the child victim. Information obtained through the search warrants revealed that Hernandez engaged in sexually explicit communication with the child victim. It also revealed that Hernandez was aware that the child victim was under the age of 16 years and that prior to meeting the child victim, Hernandez told her that he was 17, 18 and 22 years old at various times.
In his plea agreement, Hernandez admitted intentionally enticing underage females online to engage in illegal sexual activity with him between Sept. 1, 2012 and June 22, 2013, by using a social account which he accessed with his cellphone and computer. Hernandez admitted telling minor females that he was 18-years-old. Hernandez specifically admitted engaging in multiple sexually explicit conversations with a 13-year-old girl.
Hernandez has been in custody since his arrest and remains in custody pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Las Cruces office of HSI, the Doña Ana County Sheriff’s Office and the Las Cruces Police Department. The case is being prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office 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 part of the New Mexico Internet Crimes Against Children (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 ICAC Task Force, which is funded by a grant administered by the NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Colfax County Man Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Tommy Acevedo, 37, of Raton, N.M., pled guilty this morning to being a felon in possession of a firearm and ammunition. The guilty plea was announced by U.S. Attorney Damon P. Martinez, 8th Judicial District Attorney Donald Gallegos, Acting Special Agent in Charge Mark Murray of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Police Chief John Garcia of the Raton Police Department.
Acevedo was arrested on Dec. 17, 2013, on a federal indictment charging him with violating the federal firearms laws by unlawfully possessing a firearm and ammunition and unlawfully possessing an unregistered short-barreled shotgun in Colfax County, N.M., on June 19, 2013. At the time, Acevedo was prohibited from possessing firearms or ammunition because he previously had been convicted of two counts of forgery in the 8th Judicial District Court for the State of New Mexico and robbery in the 5th Judicial District Court for the State of New Mexico.
In entering his guilty plea, Acevedo admitted possessing a 20 gauge sawed-off shotgun without a serial number and eight rounds of ammunition on June 29, 2013, in Raton, N.M. Acevedo also admitted that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
Acevedo has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has not yet been scheduled. He faces a statutory maximum penalty of ten years in prison. Related state charges were dismissed in favor of federal prosecution.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Raton Police Department, with assistance from the 8th Judicial District Attorney’s Office. Assistant U.S. Attorney Louis E. Valencia is prosecuting the case.
This case is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.Silver City Man Sentenced to Prison for Violating the Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Gabriel Anthony Saiz, 21, of Silver City, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 60 months in federal prison followed by two years of supervised release for the unlawful possession of an unregistered short-barreled rifle with an obliterated serial number. The sentence was announced by U.S. Attorney Damon P. Martinez, 6th Judicial District Attorney Francesca Martinez-Estevez, Acting Special Agent in Charge Mark Murray of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Chief Ed Reynolds of the Silver City Police Department.
U.S. Attorney Damon P. Martinez said that Saiz and his co-defendant were 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.
“I would like to commend the Silver City Police Department for their excellent work in protecting the community from these violent offenders,” said 6th Judicial District Attorney Francesca Martinez-Estevez.
Saiz and his co-defendant Javier J. Reyes, 20, of the Village of Santa Clara in Grant County, N.M., were charged with possession of an unregistered firearm in a criminal complaint filed on March 1, 2013. The two subsequently were indicted and charged with possession of an unregistered short-barreled rifle, and possession of a firearm with an obliterated serial number. According to the indictment, Saiz and Reyes possessed a firearm made from a Mossberg .22 caliber rifle with a barrel length of less than 16 inches and an obliterated serial number on Nov. 27, 2012, in Grant County, N.M.
Court filings reflect that Saiz and Reyes were arrested on local charges by the Silver City Police Department on Nov. 27, 2012, in Silver City after they robbed a woman at gunpoint at approximately 7:30 p.m. that day and allegedly assaulted four individuals by brandishing a firearm at them approximately an hour later. The officers were able to apprehend Saiz and Reyes at approximately 9:00 p.m. that night because the victim of the armed robbery provided the license plate number for the vehicle in which Saiz and Reyes were driving. When the officers arrested the men on state charges, they observed a firearm on the floor board under the front passenger seat. The state charges against the defendants subsequently were dismissed in favor of federal prosecution.
Saiz pled guilty in Sept. 2013 to both counts of the indictment.
Co-defendant Reyes was released pending trial following his arrest. While on release, Reyes was arrested on Oct. 25, 2013, for receiving a firearm while under indictment. On Dec. 6, 2013, Reyes pled guilty to the indictment. He was sentenced to 48 months in federal prison followed by three years of supervised release on June 25, 2014.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Silver City Police Department, with assistance from the 6th Judicial District Attorney’s Office. It was prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
El Paso Man Sentenced to ten Years for Participating in Las Cruces-Based Methamphetamine Trafficking RingRead the Press Release
ALBUQUERQUE – Melchor Arroyos, 53, of El Paso, Texas, was sentenced this morning in federal court in Las Cruces, N.M., to 120 months in federal prison followed by five years of supervised release for his methamphetamine trafficking conviction. The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Field Division, and Acting Special Agent in Charge Mark Murray of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Arroyos, co-defendant Ernest Joe Marquez, 45, of Las Cruces, and nine others were arrested in May 2012, and charged with participating in a methamphetamine trafficking conspiracy from Jan. 2012 through May 2012. According to a superseding indictment filed in Oct. 2012, members of the conspiracy transported methamphetamine from El Paso, Texas, and Phoenix, Ariz. to Doña Ana County, N.M., where the methamphetamine was distributed to local drug dealers. Arroyos and Marquez were found guilty by a federal jury on July 31, 2013, after a three-day trial.
The trial evidence established that in March 2012, the DEA received court authorization to conduct a wiretap investigation and listen to communications occurring over Marquez’s telephone. The investigators learned that Marquez was conspiring with others to bring large quantities of methamphetamine from Texas and Arizona to New Mexico so that the drugs could be divided up, repackaged, and sold on the streets of Las Cruces. The investigation revealed that in April 2012, Marquez sent two women to Arizona to pick up a pound of methamphetamine. After taking possession of the methamphetamine, Marquez sold the methamphetamine to local drug dealers.
In May 2012, Marquez arranged for the delivery of another pound of methamphetamine. This time, Arroyos was responsible for delivering the methamphetamine. After Arroyos’ initial attempt to deliver the methamphetamine to Marquez was unsuccessful, the two men made arrangements for Arroyos to deliver the methamphetamine to Marquez at his home. Before Arroyos could make the delivery, he was arrested by an officer who executed a traffic stop on Arroyos’ vehicle and found a pound of methamphetamine hidden in the engine area of the vehicle.
Marquez has been in federal custody since his arrest in May 2012 and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Marquez faces a minimum of ten years to a maximum of life imprisonment.
This case was investigated by the Las Cruces offices of the DEA and ATF, with assistance from the U.S. Border Patrol, Hatch Police Department, the Motor Transportation Division of the New Mexico Department of Public Safety, New Mexico State Police, Las Cruces/Doña Ana County Metro Narcotics Agency, and Las Cruces Police Department Gang Task Force. It is being prosecuted by Assistant U.S. Attorneys Sarah M. Davenport, Marisa Lizarraga and Aaron O. Jordan.
The case was the result of a five-month investigation led by the DEA and ATF, which 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.
Las Cruces Man Pleads Guilty to Federal Possession of Child Pornography ChargeRead the Press Release
ALBUQUERQUE – Juan C. Rodriguez, 36, of Las Cruces, N.M., pled guilty yesterday afternoon in Las Cruces federal court to possession of matter containing visual depictions of minors engaged in sexually explicit conduct. Under the terms of his plea agreement, Rodriguez will be sentenced to 37 months in federal prison to be followed by a term of supervised release to be determined by the court. Rodriguez also will be required to register as a sex offender.
Rodriguez was arrested on April 23, 2014, by the FBI on an indictment charging him with one count of possession of child pornography. The indictment alleged that Rodriguez possessed child pornography in Doña Ana County, N.M., between June 2013 and Aug. 2013.
During yesterday’s hearing, Rodriguez pled guilty to the indictment and admitted that between June 6, 2013 and Aug. 22, 2013, he used a computer and computer-related media to download child pornography using a peer to peer network. In his plea agreement, Rodriguez acknowledged that law enforcement officers executed a search warrant at his residence on Aug. 22, 2013, and seized his computer and computer-related media. He further acknowledged that a forensic examination of those items uncovered approximately 30 still images and five videos consistent with child pornography.
Rodriguez was remanded into custody after entering his guilty plea. He remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Las Cruces office of FBI and the Regional Computer Forensics Laboratory with assistance from the Denver office of the FBI. The case is being prosecuted by Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch Office 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 part of the New Mexico Internet Crimes Against Children (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 ICAC Task Force, which is funded by a grant administered by the NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
U.S. Attorney’s Office and HSI Sponsoring Free School Safety and Preparedness Training in EspanolaRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez announced that the U.S. Attorney’s Office and the Albuquerque office of Homeland Security Investigations (HSI) are sponsoring a free school safety and preparedness training conference in Española, N.M.
The training, “Emerging Issues in School Safety,” will be presented by the Educator’s School Safety Network at the Northern New Mexico College, 921 Paseo De Oñate, in Española, from 1:00 p.m. to 5:00 p.m. on Tuesday, Aug. 12, 2014. The target audience for the training include school administrators, security personnel, teachers, and other government and law enforcement officials with an interest in improving school security and preparedness and reducing firearm violence. Topics to be covered include lockdown enhancements, threat assessment management, student technology use in a crisis, and parent reunification planning.
“In the wake of past tragedies, we need to take all possible steps to ensure that our kids are safe when they go to school,” said U.S. Attorney Damon P. Martinez. “This training is part of the Justice Department's efforts to work with communities in New Mexico to protect our young people.”
The training is free. Individuals who would like to participate may register for the training by contacting Law Enforcement and Community Outreach Specialist Alyssa Skrepcinski at [email protected].
The Educator’s School Safety Network is comprised of consultants with backgrounds and expertise in the areas of education, emergency response, law, technology and criminal justice. Information about the Network is available at http://www.eschoolsafety.org/.
Sandia Pueblo Man Charged with Assaulting Tribal Police OfficerRead the Press Release
ALBUQUERQUE – Ricardo Lamagna, 21, a member and resident of Sandia Pueblo, made his initial appearance in federal court this morning on a criminal complaint charging him with assaulting a tribal police officer with a deadly weapon. Lamagna remains in custody pending a detention hearing scheduled for Aug. 11, 2014.
The criminal complaint alleges that Lamagna assaulted an officer of the Pueblo of Sandia Tribal Police Department in the early hours of Aug. 5, 2014, by firing a gun in the vicinity of the tribal officer in the Pueblo of Sandia. According to the complaint, the alleged assault occurred after the tribal officer responded to a domestic violence call from Lamagna’s residence. The tribal officer was not injured.If convicted on the offense charged in the criminal complaint, Lamagna faces up to 18 months in prison. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the FBI with assistance from the Pueblo of Sandia Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney David Adams.
Former Owner of Carlsbad “Head Shop” Pleads Guilty to Federal “Spice” Trafficking and Money Laundering ChargesRead the Press Release
ALBUQUERQUE – Garlan R. Plumlee, 62, of Carlsbad, N.M., entered a guilty plea this afternoon in Las Cruces federal court to distribution of a controlled substance analogue and money laundering. Under the terms of his plea agreement, Plumlee will be sentenced to two years of probation.
Plumlee and his co-defendants, Phillip Larez, 33, and Justin E. Thompson, 33, also of Carlsbad, were indicted in Dec. 2012, and charged with conspiracy to distribute a controlled substance analogue, distribution of a controlled substance analogue, and possession of a controlled substance analogue with intent to distribute. The indictment also charged Plumlee with money laundering offenses. The indictment was superseded in March 2014, to add an additional possession with intent to distribute charge against the three defendants.
The superseding indictment alleged that from March 2011 through June 2012, the defendants conspired to distribute controlled substance analogues in Eddy County, N.M. It also alleges that they distributed controlled substance analogues on Feb. 2, 2012 and June 27, 2012, and that they possessed controlled substance analogues with intent to distribute on June 28, 2012. Plumlee also was charged with laundering the proceeds of this unlawful drug trafficking.
The controlled substance analogues charged in the superseding indictment are commonly referred to as synthetic marijuana or “spice.” According to the DEA, over the past several years, there has been a growing use of synthetic cannabinoids. Smoke-able herbal blends marketed as being “legal” and providing a marijuana-like high have become increasingly popular because they are easily available and, in many cases, more potent and dangerous than marijuana. These products consist of plant material that has been coated with dangerous psychoactive compounds that mimic THC, the active ingredient in marijuana. These substances, however, have not been approved by the Food and Drug Administration for human consumption, and there is no oversight of the manufacturing process. Synthetic cannabinoids often are labeled as incense to mask their intended purpose.
The three men used “The Looking Glass,” a head shop owned by Plumlee and located on Canal Street in Carlsbad to sell “spice,” under the names “Scooby Snax,” “Diablo,” and “Knockout.” Officers seized approximately 4,779 packages of “spice” with 38 different names from “The Looking Glass” on June 28, 2012, when they executed a search warrant at the business. Plumlee withdrew $147,000 out of his business and personal bank accounts the day after the search warrant was executed.
Today Plumlee entered guilty pleas to conspiracy to distribute “spice” and money laundering. In his plea agreement, Plumlee admitted being the owner of “The Looking Glass” from March 2011 through June 2012, and selling controlled substances which were labeled as “incense.” He also admitted withdrawing $147,000, which included proceeds from the sale of “spice,” from his personal and business bank accounts on June 28, 2012, to prevent law enforcement from seizing the money.
Co-defendant Thompson pled guilty on April 4, 2014, to conspiracy to distribute “spice” under a plea agreement that requires a sentence of two years of probation. Thompson admitted being the manager of “The Looking Glass,” and selling “incense” at “The Looking Glass” while knowing that the “incense” was “spice.”
On Aug. 5, 2014, co-defendant Larez pled guilty to distributing “spice” under a plea agreement that specifies a sentence of one year of probation. Larez admitted that on June 27, 2014, while working at “The Looking Glass,” he sold some “incense” to an undercover officer, and that the “incense” contained a detectable amount of an analogue known as “spice.”
The case was investigated by the Las Cruces office of the DEA and the Pecos Valley Drug Task Force, and is being prosecuted by Assistant U.S. Attorneys Renee L. Camacho and E. Garreth Winstead 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, 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.
Fifteen-Month Investigation Targeting Repeat Offenders in Dona Ana County Concludes with Major Law Enforcement OperationRead the Press Release
ALBUQUERQUE – A 15-month investigation by the FBI and the New Mexico HIDTA Regional Interagency Drug Task Force (Metro Narcotics Task Force) targeting repeat offenders in Doña Ana County, N.M., concluded yesterday with a major law enforcement operation, announced U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division and Commander Bobby Holden of the Metro Narcotics Task Force.
The investigation, which began in May 2013, initially targeted methamphetamine manufacturers and traffickers operating out of Doña Ana County, but expanded to include individuals trafficking in other drugs and using firearms to facilitate their drug trafficking crimes. The investigation identified sources of drug supply in Los Angeles, Calif., Tucson, Ariz., and El Paso, Texas, who were supplying drug traffickers in southern New Mexico with high-grade methamphetamine, and led to the filing of criminal charges against 75 individuals, including 42 federal defendants and 33 state defendants. Law enforcement officers seized more than 29 pounds of methamphetamine, 37 pounds of cocaine, 4.5 ounces of heroin, 30 pounds of marijuana, 74 firearms and 17 vehicles during the course of the investigation.
U.S. Attorney Damon P. Martinez commended the FBI and Metro Narcotics Task Force on the outstanding results of their investigation and said, “The charges filed and drugs seized as a result of this investigation illustrate the success of our District’s federal, state and local law enforcement collaboration in rooting out drug traffickers whether they operate in large communities or in rural counties.”
“A case like this is only possible through the collaborative efforts of all of us in law enforcement,” said FBI Special Agent Carol K.O. Lee. “We are proud to have been able to work with the outstanding officers of the Metro Narcotics Task Force, the Las Cruces Police Department, the Dona Ana County Sheriff's Office, the New Mexico State Police and the U.S. Attorney's Office to have such a positive and significant impact on the communities in southern New Mexico.”
“This operation was a great example of collaboration between several agencies to improve the quality of life for the citizens of Doña Ana County,” said Commander Bobby Holden of the Metro Narcotics Task Force.
The following federal defendants were either arrested yesterday or had federal detainers filed against them:
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Anthony Calderon, 40, and Orlando Roman, 34, both of Las Cruces, are charged with distributing heroin and methamphetamine in April 2014.
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Salvador Ortega, 33, and Steven Roman, 26, both of Las Cruces, are charged with distributing methamphetamine in April 2014.
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Robert J. Lambe, 36, of Las Cruces, is charged with distribution of methamphetamine in June 2014, using a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm.
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Jesse Antillion, 27, of Las Cruces, is charged with being a felon in possession of a firearm in Nov. 2013.
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Josh Alamagor, 32, and David Enriquez, 26, both of Las Cruces, are charged with distributing methamphetamine in May 2014.
The following defendants were arrested on federal charges during the investigation:
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Javier Orozco, 30, and Victor Manuel Carreon, 23, both of Anthony, N.M., were charged with illegally possessing firearms in June 2013, in Doña Ana County. Both entered guilty pleas. In May 2014, Carreon was sentenced to 46 months in prison followed by three years of supervised release. Orozco is scheduled to be sentenced on Sept. 24, 2014.
John Wade Crist, 57, of Las Cruces, was charged with distribution of methamphetamine in June 2013 and with being a felon in possession of a firearm. Crist pled guilty in May 2014 under a plea agreement that requires the imposition of a 144 month prison sentence.
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Matthew Pena, 29, Rebecca Torres, 40, Anthony Perez, 40, and Robert Snow, 45, all of Deming, N.M., were charged with distribution of methamphetamine in June 2013. Torres pled guilty in April 2014, and Pena pled guilty in May 2014. Both are in custody pending sentencing hearings, which have not been scheduled. Perez has pleaded not guilty and is in custody pending trial. The charges against Snow were dismissed following his death.
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Jennifer Sanders, 42, Jose Niño, 40, and Aubrey Savage, 34, all of Las Cruces, and Matthew Maley, 47 and Candice Marie Carpenter, 35, of Tucson, Ariz., are charged with conspiring to distribute methamphetamine from June 2013 through Aug. 2013 and in Dec. 2014. Niño and Maley also are charged with being felons in possession of firearms. Sanders, Savage and Niño entered guilty pleas in July 2014, and are detained pending sentencing. Sanders and Niño each face a mandatory minimum of ten years in prison and a maximum of life in prison, while Savage faces a mandatory minimum of five years to a maximum of 40 years in prison. Maley and Carpenter have entered not guilty pleas and are in custody pending trial.
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Mario Humberto Llantada, 51, and Martin Llantada, 41, both of La Puente, Calif., are charged with conspiracy to distribute methamphetamine in March 2014. Mario Humberto Llantada also is charged with money laundering and using a communications device to facilitate a drug trafficking crime. Both have entered not guilty pleas and are in custody pending trial.
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Miguel Angel Tinajero-Martinez, 24, a Mexican national illegally in the United States, was charged with conspiracy to distribute methamphetamine in Jan. 2014 and Feb. 2014, and possession of cocaine with intent to distribute in Feb. 2014. He entered a guilty plea in July 2014 and is in custody pending his sentencing hearing. Tinajero-Martinez faces a mandatory minimum of ten years in prison and a maximum of life in prison, and will be deported after completing his prison sentence.
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Justin E. Clark, 21, of Doña Ana County, is charged with distribution of cocaine in April 2014, possession of a machine gun, and being a felon in possession of a firearm. Clark has pleaded not guilty and is in custody pending trial.
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Eddie Velarde-Carmona, 33, of El Paso, Texas, and Fernando Garcia, 29, of Anthony, N.M., are charged with conspiracy to distribute methamphetamine in April and May 2014. Both have entered not guilty pleas and are detained pending trial.
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Jesus Francisco Nino, 36, of Las Cruces, is charged with possession of methamphetamine with intent to distribute in March 2014, using a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm. Nino has pleaded not guilty and is detained pending trial.
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Eddie Gallardo, 31, of Las Cruces, is charged with possession of methamphetamine with intent to distribute in April and May 2014 and with being a felon in possession of a firearm. Gallardo has pleaded not guilty and is detained pending trial.
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Aaron Alexander Nowak, 25, of El Paso, Texas, is charged with possession of methamphetamine with intent to distribute in May 2014. Nowak has pleaded not guilty and is detained pending trial.
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Renelle Serna, 23, of Las Cruces, N.M., is charged with distributing methamphetamine in May 2014. Serna has pleaded not guilty and is detained pending trial.
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Eric G. Acosta, 27, and Christopher J. Cleveland, 34, both of Las Cruces, are charged with possession of methamphetamine with intent to distribute in June 2014, using a firearm in furtherance of a drug trafficking crime, and being felons in possession of firearms. Both have pleaded not guilty and are detained pending trial.
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Manuel Alfred Gamboa, 42, of Las Cruces, is charged with distribution of heroin and using a communication device to facilitate a drug trafficking crime. He has pleaded not guilty and is detained pending trial.
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Derek Cruz Rubalcava, 24, and Mark Jesse Rodriguez, 24, both of Las Cruces, are charged with conspiracy to distribute methamphetamine and distribution of methamphetamine in July 2014. Both have pleaded not guilty. Rodriguez is detained and Rubalcava is released on bond pending trial.
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Patricia Castro, 41, of Las Cruces, is charged with possession of methamphetamine with intent to distribute in July 2014. She has pleaded not guilty and is detained pending trial.
Two defendants arrested as a result of this investigation, Victor Edmundo Cano, Sr., 49, and Jaime Cano, Sr., 48, of Canutillo, Texas, are charged with cocaine trafficking offenses and using firearms in furtherance of drug trafficking crimes in the U.S. District Court for the Western District of Texas. Both have entered not guilty pleas and are detained pending trial.
Four federal defendants have yet to be arrested and are considered fugitives.
The investigation leading to the aforementioned arrests, drug seizures and cases was conducted by the FBI’s Las Cruces Southwest Border/Safe Streets Task Force and the New Mexico HIDTA Regional Interagency Drug Task Force. Agents and officers from the FBI, Metro Narcotics Task Force, Doña Ana County Sheriff’s Office, Las Cruces Police Department, U.S. Marshals Service, U.S. Border Patrol and DEA assisted in today’s law enforcement operation.
The federal cases filed in the U.S. District Court for the District of New Mexico are being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office. Assistant U.S. Attorney Krystal Wade of the U.S. Attorney’s Office for the Western District of Texas is prosecuting the federal case filed in the Western District of Texas. Assistant District Attorneys of the 3rd Judicial District Attorney’s Office are prosecuting the state cases.
The New Mexico HIDTA Regional Interagency Drug Task Force is comprised of officers from the Doña Ana County, Las Cruces Police Department, New Mexico State Police and the FBI. 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.Charges in criminal complaints and indictments are merely accusations. Criminal defendants are presumed innocent unless found guilty in a court of law.
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Roswell Man Facing Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Jim Walter Qualls, Jr., 27, of Roswell, N.M., appeared in federal court in Las Cruces, N.M., this morning on a criminal complaint charging him production and distribution of visual depictions of minors engaged in sexually explicit conduct. Qualls entered a not guilty plea to the criminal complaint and remains in custody pending a detention hearing scheduled on Aug. 13, 2014.
According to court filings, a Homeland Security Investigations (HSI) investigation revealed that the administrator for a website banned a specific account from the website for allegedly posting sexually explicit images of a minor female approximately three to five years in age. Investigation revealed that the account was connected to an IP Address subscribed to Qualls at a Roswell residence.
On July 31, 2014, law enforcement officers from HSI, the Roswell Police Department and the Chaves County Sheriff’s Office executed a federal search warrant at Qualls’ residence and seized cellphones, computers, computer-related media, a camera and other items. Qualls was arrested after he was interviewed by law enforcement officers.
If convicted of the charges in the criminal complaint, Qualls faces a federal prison term of not less than 15 years and not more than 30 years. Qualls also would be required to register as a sex offender. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces office HSI, the Roswell Police Department and the Chaves County Sheriff’s Office with assistance from the Artesia Police Department.
The case is being prosecuted by Assistant U.S. Attorney Alexander Shapiro of the U.S. Attorney’s Las Cruces Branch Office 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 Internet Crimes Against Children (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 NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Federal Jury Convicts Mexican National on Heroin Trafficking ChargesRead the Press Release
ALBUQUERQUE – A federal jury returned a verdict earlier today finding Miguel Bustamante-Conchas, 39, a Mexican national with legal permanent resident status in the United States, guilty on heroin trafficking charges after a six-day trial, announced U.S. Attorney Damon P. Martinez and Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Field Division.
Bustamante-Conchas was one of seven men arrested in June 2013 on federal narcotics trafficking charges as a result of a 15-month multi-agency investigation targeting heroin traffickers operating out of Albuquerque’s Northeast Heights, an area that has experienced a growing, wide-spread heroin abuse problem among teens and young adults in recent years. More than 25 pounds of heroin were seized during the course of the investigation.
Two indictments were filed as a result of the investigation. Bustamante-Conchas and four other men were charged in one indictment while two others were charged in a second indictment. The other six defendants entered guilty pleas to heroin trafficking charges while Bustamante-Conchas elected to proceed to trial.
Trial against Bustamante-Conchas began on July 30, 2014, on a three-count superseding indictment charging him with conspiracy to distribute large quantities of heroin in Bernalillo County, N.M., from Oct. 2012 to June 2013; aiding and abetting the possession of heroin with intent to distribute; and aiding and abetting the use of a firearm in relation to a drug trafficking crime. On Aug. 4, 2014, the court dismissed the firearms charge at the conclusion of the United States’ case and submitted the two heroin trafficking charges to the jury yesterday afternoon. The jury returned a verdict of guilty on both heroin trafficking charges late this morning.
The evidence at trial established that Bustamante-Conchas played a leadership role in a major heroin trafficking organization by managing the acquisition, storage and distribution of kilograms of heroin and overseeing the collection of cash proceeds from the sale of heroin. Evidence of Bustamante-Conchas role in the drug trafficking organization was secured from wiretaps on telephones used by his subordinates, evidence seized during a law enforcement operation on June 14, 2013, and evidence seized on June 19, 2013. Evidence obtained on June 14, 2013, included three pounds of heroin, drug ledgers, numerous cellphones and narcotics paraphernalia, which were seized at the residences maintained as stash houses by Bustamante-Conchas and his co-conspirators. An additional 22 pounds of heroin were seized on June 19, 2013 from another of the organization’s stash houses.
Bustamante-Conchas was remanded into federal custody after the jury delivered its verdict and will remain detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Bustamante-Conchas faces a prison term of not less than ten years and not more than life followed by a term of supervised release to be determined by the court.
Three of Bustamante-Conchas’ four co-defendants have resolved the charges against them by pleading guilty to participating in a heroin trafficking conspiracy. Angel Miramontes-Cruz, 22, pled guilty on May 29, 2014, and is scheduled for sentencing on Aug. 28, 2014. Under the terms of his plea agreement, he faces a prison sentence within the range of 27 to 33 months. Baltazar Granados, 37, pled guilty on June 17, 2014, and is scheduled for sentencing on Sept. 18, 2014. Under the terms of his plea agreement, he faces a prison sentence within the range of 70 to 84 months. Ramon Cabrales-Guerra, 23, pled guilty on June 23, 2014, and is scheduled for sentencing on Sept. 25, 2014. He faces a statutory maximum penalty of 20 years in prison. Miramontes-Cruz, Granados and Cabrales-Guerra are Mexican nationals illegally present in the United States and will be deported after completing their prison sentences.
The fourth co-defendant, Ruben Garcia Miranda, 48, an Albuquerque resident, pled guilty on June 12, 2014, to using a communications device to facilitate a drug trafficking crime. He is scheduled for sentencing on Sept. 11, 2014, and faces a statutory maximum penalty of four years in prison followed by a term of supervised release to be determined by the Court.
Joel Nunez-Haros, 42, and Pablo Arturo Felix-Sicairos, 20, also were arrested in June 2013, and charged in a separate indictment with possession of heroin with intent to distribute. Both men pled guilty to the indictment in late June 2014 and are scheduled for sentencing on Sept. 25, 2014. Nunez-Haros faces a statutory maximum penalty of 20 years in prison and Felix-Sicairos faces a prison sentence within the range of 37 to 46 months. Both men are Mexican nationals illegally present in the United States and will be deported after completing their prison sentences.
These cases were investigated by the Albuquerque office of the DEA, the Albuquerque Police Department and the Bernalillo County Sheriff’s Office and are being prosecuted by Assistant U.S. Attorneys Sean J. Sullivan and Nicholas J. Ganjei.
The investigation resulting in these cases, which was code-named “Balloon Fiesta” in reference to the multi-colored balloons that heroin often is packaged in for retail distribution, 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.
Armed Career Criminal from Albuquerque Pleads Guilty to Firearms Charges Arising out of Armed Robbery in Santa FeRead the Press Release
ALBUQUERQUE – Elias Atencio, 37, of Albuquerque, N.M., pleaded guilty this morning to federal firearms charges under a plea agreement that requires the imposition of a 22 year prison sentence. The guilty plea was announced by U.S. Attorney Damon P. Martinez, 1st Judicial District Attorney Angela R. “Spence” Pacheco, and Acting Special Agent in Charge Mark Murray of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
U.S. Attorney Damon P. Martinez said that Atencio was 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.
“Firearms in the hands of convicted felons are a serious threat to public safety,” said 1st Judicial District Attorney Angela R. “Spence” Pacheco. “The District Attorneys’ partnership with the U.S. Attorney’s Office is integral to reducing violence throughout New Mexico by removing armed felons from our communities.”
Acting Special Agent in Charge Mark Murray stated, “The reduction of firearms violence is a priority for ATF. Anytime we can take a prohibited possessor and crime guns off the streets, our communities are safer places.”
Atencio was charged in March 2013, in a three-count indictment with being a felon in possession of a firearm and ammunition; committing commercial robbery in violation of the Hobbs Act; and brandishing a firearm during a crime of violence. According to the indictment, Atencio committed the three offenses on Feb. 23, 2012, in Santa Fe County, N.M. At the time, Atencio was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses, including armed robbery, forgery, aggravated assault with a deadly weapon, and burglary.
During today’s proceedings, Atencio entered guilty pleas to the two firearms offenses charged in Counts 1 and 3 of the indictment. In his plea agreement, Atencio admitted that on Feb. 23, 2012, he unlawfully possessed a .45 caliber semiautomatic pistol. Atencio admitted brandishing the firearm when he robbed the Walgreens store located at 1096 St. Francis Drive in Santa Fe, N.M.
Atencio was arrested in this case in April 2013, after he was transferred to federal custody from state custody. Atencio 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 the Santa Fe Police Department with assistance from the 1st Judicial District Attorney’s Office. Assistant U.S. Attorneys Lynn W.Y. Wang and Linda Mott are prosecuting the case.
Albuquerque Woman Pleads Guilty to ATM Robbery Spree in Summer 2013Read the Press Release
ALBUQUERQUE – Dominique Dickens, of Albuquerque, N.M., pleaded guilty this morning to committing a series of robberies in the summer of 2013.
Dickens and her co-defendant, Kelvin L. Dickerson, also of Albuquerque, were arrested in Dec. 2013, on an eight-count indictment charging them with conspiracy and seven Hobbs Act robberies. According to the indictment, between June 2013 and early Sept. 2013, the duo engaged in a scheme to rob employees of businesses engaged in interstate commerce in Bernalillo County, N.M. Dickens drove Dickerson to automatic teller machines (ATMs) where he robbed individuals who were making deposits. Dickens picked up Dickerson after he committed the robberies and drive him away.
Dickerson entered a guilty plea to all eight counts of the indictment on July 2, 2014, and admitted that between June 28, 2013 and Sept. 5, 2013, he conspired with Dickens to rob individuals as they were making deposits into ATMs. Dickerson admitted robbing seven individuals during this time period. His victims were employed by One Main Financial, Loan Max Title Loans, Church’s Chicken, National Insurance, Sonic and Radio Shack, all of which are businesses engaged in interstate commerce.
Today Dickens pled guilty to a conspiracy charge and three Hobbs Act robbery charges and admitted conspiring with Dickerson to interfere with interstate commerce by robbing individuals who were making deposits at ATMs on behalf of their business employers. Dickens specifically admitted aiding and abetting Dickerson in robbing the victims by driving him to the vicinity of the ATMs and then driving him away from the crime scenes on three occasions.
Sentencing hearings have not been scheduled for Dickens and Dickerson. Each faces a maximum statutory penalty of 20 years in prison on each charge to which they pleaded guilty.
This case was brought as part of a law enforcement initiative launched in July 2012, by the FBI’s Violent Crimes and Major Offender Squad and the Albuquerque Police Department’s Armed Robbery Unit that targets suspects implicated in commercial armed robberies. This initiative is part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under the worst of the worst 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 our communities for as long as possible.
The case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.
Shiprock Woman Sentenced to Federal Prison for Aiding Brother who set Fire to Former Girlfriend's ResidenceRead the Press Release
ALBUQUERQUE – Christina Thompson, 33, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this afternoon to 15 months in federal prison followed by two years of supervised release for aiding and abetting her brother in committing arson. She also was ordered jointly with her brother to pay $57,415.02 in restitution to the Navajo Housing Authority to pay for damage caused by their criminal conduct.
Christina Thompson and her twin brother Dan Curtis Thompson were arrested in Oct. 2013, on an indictment charging them with maliciously setting fire to an occupied rental unit at the Navajo Housing Authority in Ojo Amarillo, located on the Navajo Indian Reservation, on Jan. 9, 2013.
On Feb. 18, 2014, Dan Thompson pled guilty to the indictment and admitted setting fire to his former girlfriend’s residence on Jan. 9, 2013. Court filings reflect that Thompson resided in the victim’s apartment until she ejected him following a “forceful physical interaction” with him. As Thompson’s resentment towards the victim grew, he began putting into place plans to burn her residence. Christina Thompson drove Thompson to the victim’s residence on Jan. 9, 2013, where he shattered a window so he could unlock the door and enter the residence. Once inside, Thompson poured gasoline in the residence. After igniting the gasoline, Thompson fled from the residence with his sister’s assistance. Thompson admitted that he did not check to see if anyone was in the residence when he lit the fire, and that he burned the victim’s residence to retaliate against her.
Christina Thompson entered a guilty plea to the indictment on April 11, 2014, and admitted helping her brother set fire to the victim’s residence by driving him to the residence. She also admitted helping her brother flee after he set the victim’s residence on fire.
Dan Thompson was sentenced on June 24, 2014, to 35 months in federal prison followed by five years of supervised release. Thompson, together with his sister, must pay $57,415.02 in restitution to the Navajo Housing Authority.
This case was investigated by the Shiprock Division of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers. It 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.Carlsbad Man Pleads Guilty to Federal “Spice” Trafficking ChargeRead the Press Release
ALBUQUERQUE – Phillip Larez, 33, of Carlsbad, N.M., entered a guilty plea this afternoon in Las Cruces federal court to a distribution of a controlled substance analogue charge. Under the terms of his plea agreement, Larez will be sentenced to a year of probation.
Larez and his co-defendants, Garlan R. Plumlee, 62, and Justin E. Thompson, 33, also residents of Carlsbad, were indicted in Dec. 2012, and charged with conspiracy to distribute a controlled substance analogue, distribution of a controlled substance analogue, and possession of a controlled substance analogue with intent to distribute. The indictment also charged Plumlee with money laundering offenses. The indictment was superseded in March 2014, to add an additional possession with intent to distribute charge against the three defendants.
According to the superseding indictment, from March 2011 through June 2012, the defendants conspired to distribute controlled substance analogues in Eddy County, N.M. The indictment also alleges that the defendants distributed controlled substance analogues on Feb. 2, 2012 and June 27, 2012, and that they possessed controlled substance analogues with intent to distribute on June 28, 2012. Plumlee also is charged with laundering the proceeds of this unlawful drug trafficking on Jan. 18, 2012, Feb. 10, 2012, May 23, 2012 and June 29, 2012.
The controlled substance analogues charged in the superseding indictment are commonly referred to as synthetic marijuana or “spice.” According to the DEA, over the past several years, there has been a growing use of synthetic cannabinoids. Smoke-able herbal blends marketed as being “legal” and providing a marijuana-like high have become increasingly popular because they are easily available and, in many cases, more potent and dangerous than marijuana. These products consist of plant material that has been coated with dangerous psychoactive compounds that mimic THC, the active ingredient in marijuana. These substances, however, have not been approved by the Food and Drug Administration for human consumption, and there is no oversight of the manufacturing process. Synthetic cannabinoids often are labeled as incense to mask their intended purpose.
According to court filings, the three men used “The Looking Glass,” a head shop owned by Plumlee and located on Canal Street in Carlsbad to sell “spice,” under the names “Scooby Snax,” “Diablo,” and “Knockout.” Court filings state that officers seized approximately 4,779 packages of “spice” with 38 different names from “The Looking Glass” on June 28, 2012, when they executed a search warrant at the business. Plumlee allegedly withdrew $147,000 out of his business and personal bank accounts the day after the search warrant was executed.
During today’s proceeding, Larez entered a guilty plea to Count 3 of the superseding indictment charging him with distributing “spice” on June 27, 2012. In his plea agreement, Larez admitted that he was employed at a business called “The Looking Glass” that sold substances which were labeled as “incense.” On June 27, 2014, as part of his job at “The Looking Glass,” Larez sold some “incense” to an undercover officer, and the “incense” contained a detectable amount of an analogue known as “spice.” Larez admitted knowing that the substance was intended for human consumption and that the substance had a substantially similar effect on the human body as other substances which had been listed as controlled substances under the law.
Co-defendant Thompson entered a guilty plea on April 4, 2014, to Count 1 of the superseding indictment charging him with conspiracy to distribute “spice” under a plea agreement that requires a sentence of two years of probation. In entering his guilty plea, Thompson admitted being the manager of “The Looking Glass” under the direction of Plumlee, the owner of the business. Thompson admitted stocking and selling “incense” at “The Looking Glass” while knowing that the “incense” was “spice.”
Plumlee has entered a not guilty plea to the charges in the superseding indictment and is scheduled for trial on Sept. 8, 2014. If convicted, Plumlee faces a maximum statutory penalty of 20 years in prison. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The case was investigated by the Las Cruces office of the DEA and the Pecos Valley Drug Task Force, and is being prosecuted by Assistant U.S. Attorneys Renee L. Camacho and E. Gareth Winstead 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.
Belen Man Sentenced to Prison for Conviction on Federal Bank Fraud and Conspiracy ChargesRead the Press Release
ALBUQUERQUE –Raymundo Silva, 35, of Belen, N.M., was sentenced on Friday to 30 months in federal prison followed by five years of supervised release for his conviction on bank fraud and conspiracy charges.
Silva and his co-defendants, Christina Knight, 29, of Albuquerque, N.M., and Patricia Diaz, 35, of Los Lunas, N.M., were indicted in Aug. 2013, on conspiracy, bank fraud and aggravated identity theft charges. The trio subsequently was charged in a 31-count superseding indictment alleging conspiracy to commit bank fraud; 24 counts of bank fraud, including eight counts against Silva, three counts against Diaz, and 13 counts against Knight; and six counts of aggravated identity theft against Knight.
The superseding indictment generally charged Silva, Knight and Diaz with engaging in a scheme to commit bank fraud between Dec. 2011 and April 2013. According to the superseding indictment, Silva, Knight and Diaz perpetuated the scheme by stealing checks from residential mailboxes, altering the names of payees and the amounts on the checks, and cashing the checks using either their own identities or, in the case of Knight, the identities of others.
On Oct. 28, 2013, Diaz entered a guilty plea to the bank fraud conspiracy and three substantive bank fraud charges, and Knight entered a guilty plea on Feb. 20, 2014, to the bank fraud conspiracy, 13 substantive bank fraud charges, and one count of aggravated identity theft. Silva was convicted on Feb. 27, 2014, on the bank fraud conspiracy and five substantive bank fraud charges after a four-day jury trial.
According to court records and trial evidence, in Dec. 2011, a Los Lunas police officer investigating a check washing and identity theft ring targeted a sedan seen leaving a Los Lunas bank following a failed attempt to cash a fraudulent check. In Feb. 2012, after surveillance established that the sedan frequently visited a residence in Belen, Los Lunas police officers executed a search warrant at the residence and seized chemicals and other products commonly used to wash and alter checks, several driver’s licenses, college IDs and Social Security cards, bank receipts and other evidence.
Investigation by Homeland Security Investigations (HSI) and the Los Lunas Police Department identified Silva, Knight and Diaz as the members of the bank fraud scheme in late 2012, following the theft of five checks from the mailbox of a Los Lunas residence. Silva cashed one of the checks on Dec. 26, 2012, and between Dec. 20, 2012 and Jan. 4, 2013, Knight cashed three of the checks by using the identification of another person. Each of these four checks had been altered by changing the name of the payee and amount. Laboratory analysis by HSI revealed that the chemicals seized from Silva’s residence were used to wash the checks.
Diaz was sentenced on March 18, 2014, to 62 days of time-served followed by five years of supervised release and was ordered to pay $400.00 in restitution. On June 5, 2014, Diaz was arrested for violating the conditions of her supervised release. She was sentenced on July 10, 2014, to three months in custody followed by four years of supervised release.
Knight has been in federal custody since her arrest and remains detained pending her sentencing hearing which is scheduled for Sept. 9, 2014.
This case was investigated by the Albuquerque office of HSI and the Los Lunas Police Department and is being prosecuted by Assistant U.S. Attorneys Norman Cairns and Paul Mysliwiec.
Rio Rancho Man Arrested on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Armando Camarena, 31, of Rio Rancho, N.M., was arrested yesterday by agents of Homeland Security Investigations (HSI) on federal child pornography charges. Camarena made his initial appearance in federal court earlier today, and remains in custody pending a detention hearing scheduled for tomorrow morning.
Camarena is charged in a criminal complaint with distributing and possessing visual depictions of minors engaged in sexually explicit conduct. According to the criminal complaint, HSI initiated the investigation leading to Camarena’s arrest after receiving a lead from HSI in Idaho Falls, Idaho. HSI-Idaho reported that a 14-year-old girl had received child pornography, child erotica and threatening messages on her iPod from an individual the child met through an Internet website. Investigation revealed that the child pornography and threats were sent from an IP Address allegedly being used by Camarena.
On July 30, 2014, officers from HSI and the Albuquerque Police Department (APD) executed a federal search warrant at Camarena’s residence and seized computer images allegedly consistent with child pornography. Camarena was taken into custody at that time.
If convicted of the charges in the criminal complaint, Camarena faces a federal prison term of not less than five years and not more than 20 years. Camarena also would be required to register as a sex offender. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by SPEED, the Sexual Predator and Exploitation Enforcement Detail, which is comprised of officers from HSI-Albuquerque office, APD and the Bernalillo County Sheriff’s Office, with assistance from HSI-Idaho and the Idaho Fusion Center.
The case is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (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 NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Pinedale, N.M., Man Sentenced for Federal Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Ramsey Litzin, 20, an enrolled member of the Navajo Nation who resides in Pinedale, N.M., was sentenced this morning for his involuntary manslaughter conviction. Litzin will serve 18 months in federal prison followed by three years of supervised release.
Litzin was arrested on Nov. 15, 2013, on a criminal complaint alleging that he killed a 27-year-old Navajo man by stabbing him to death in the early hours of Nov. 12, 2013, in Pinedale, N.M., which is located within the Navajo Indian Reservation in McKinley County, N.M. Litzin was intoxicated when he killed the victim during a physical altercation between the two men.
On April 24, 2014, Litzin pleaded guilty to an involuntary manslaughter charge and admitted killing the victim by stabbing him with a knife. According to the plea agreement, Litzin armed himself with a knife prior to a physical fight with the victim and stabbed the victim approximately 23 times with the intention of causing the victim to sustain serious bodily injury and knowing his actions could result in the victim’s death. Although most of the stab wounds were superficial, at least three stab wounds contributed to the victim’s death. Litzin stated that he was angry, intoxicated and had been struck by the victim when he stabbed the victim to death.
The case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.
Santa Fe Man Sentenced to Seventy-Eight Months for Participating in Crack Cocaine Trafficking ConspiracyRead the Press Release
ALBUQUERQUE – Michael Jaramillo, 24, of Santa Fe, N.M., was sentenced today to 78 months in federal prison followed by four years of supervised release for his role in a cocaine base trafficking conspiracy.
Jaramillo was one of five men who were indicted in April 2013, on federal narcotics and firearms charges as the result of “Operation Rio Grande Stucco,” a DEA led investigation into an organization that allegedly manufactured and distributed cocaine base, more commonly known as “crack” or “crack cocaine,” in Bernalillo and Santa Fe Counties, N.M.
The five-count indictment charged Jaramillo and Robert Romero, 26, also of Santa Fe, and Albuquerque residents, Gabriel Mirabal, 33, Sam Eylicio, Jr., 37, and Dominic Anaya, 33, with conspiracy to distribute crack cocaine in Bernalillo and Santa Fe Counties between May 2012 and April 2013. Jaramillo also was charged with distributing crack cocaine in Santa Fe in March 2012. Romero was charged with possession of crack cocaine with intent to distribute in Santa Fe in July 2012, and with using and carrying a firearm in furtherance of a drug trafficking crime. Mirabal was charged with possessing cocaine with intent to distribute in Albuquerque in Feb. 2013.
Jaramillo entered a guilty plea on March 21, 2014, to the conspiracy count and admitted purchasing crack cocaine from two of his co-defendants and then reselling it to others.
Romero pled guilty to two drug trafficking charges and a firearms charge on May 13, 2014, under a plea agreement that requires him to be sentenced to ten years in federal prison followed by four years of supervised release. Romero remains in federal custody pending his sentencing hearing which is scheduled for Aug. 13, 2014.
Eylicio pled guilty on June 23, 2014, to participating in a cocaine base trafficking conspiracy. Under the terms of his plea agreement, Eylicio will be sentenced to 125 months in federal prison followed by four years of supervised release. Eylicio remains in federal custody pending his sentencing hearing which is scheduled for Sept. 22, 2014.
Mirabal and Anaya have entered not guilty pleas to the indictment. If convicted of the drug trafficking charges against them, each faces a maximum penalty of not less than five years or more than 40 years in prison. They remain in custody pending trial. An indictment is merely an accusation, and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA and the HIDTA Region III Drug Task Force, with assistance from the 1st Judicial District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Nicholas J. Ganjei.
The Region III Drug Task Force is comprised of officers from the New Mexico State Police, Santa Fe Police Department and the Santa Fe County Sheriff’s Office and receives support from the HIDTA – High Intensity Drug Trafficking Area – program. HIDTA is a program of the White House Office of National Drug Control Policy that 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.
The investigation leading to the indictment, has been designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program, a nationwide Department of Justice initiative 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.
Ramah Navajo Man Sentenced for Aggravated Sexual Abuse of Navajo TeenagerRead the Press Release
ALBUQUERQUE – Sabastiano Coho, 23, a member of the Ramah Chapter of the Navajo Nation, was sentenced today to 50 months in federal prison followed by ten years of supervised release for his aggravated sexual abuse conviction. Coho will be required to register as a sex offender after he completes his prison sentence.
Coho was arrested in Feb. 2011, on a criminal complaint charging him with aggravated sexual abuse and subsequently indicted in March 2011. According to court filings, Coho attempted to sexually assault the victim, a 19-year-old Navajo woman, on Jan. 25, 2011, in a location within the Navajo Indian Reservation in Cibola County, N.M. Proceedings in the case were delayed as a result of competency evaluations.
On April 3, 2014, Coho pled guilty to the indictment and admitted that he attempted to engage in a sexual act, by using force, with the victim on Jan. 25, 2011.
This case was investigated by the Gallup office of the FBI and the Ramah Navajo Tribal Police Department and was prosecuted by Special 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.
Alamo, N.M., Man Pleads Guilty to Convenience Store RobberyRead the Press Release
ALBUQUERQUE – Ronnie Ganadonegro, 38, a member of the Navajo Nation who resides in Alamo, N.M., pleaded guilty this morning to a robbery charge.
Ganadonegro was arrested on Jan. 23, 2014, on a criminal complaint charging him with robbing the Tiis’ Tsoh Mini Mart in Alamo, which is located in the Navajo Indian Reservation, on Dec. 30, 2013. Ganadonegro subsequently was indicted and charged with one count of robbery.
During today’s proceedings, Ganadonegro entered a guilty plea to the indictment and admitted robbing the Tiis’ Tsoh Mini Mart on Dec. 30, 2013. According to the plea agreement, Ganadonegro approached the counter in the convenience store, pointed an air pistol at the cashier, and demanded the money from the cash register. When the cashier opened the cash register, Ganadonegro grabbed the cash out of the register and fled on foot from the convenience store.
Ganadonegro has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Ganadonegro faces a statutory maximum penalty of 15 years in federal prison followed by a term of supervised release to be determined by the court.
This case was investigated by the Albuquerque office of the FBI, and the Crownpoint office of the Navajo Nation Division of Public Safety, and is being prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and Marisa A. Lizarraga.