District of South Dakota
Press releases recorded for this federal judicial district.
Sioux Falls Man Sentenced for Brandishing a Firearm During a Crime of ViolenceRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Sioux Falls, South Dakota, man convicted of Brandishing a Firearm During a Federal Crime of Violence. The sentencing took place on September 11, 2023.
Samuel Oreoluwa Roberts, 24, was sentenced to seven years in federal prison, followed by three years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Roberts was indicted for Interference with Commerce by Threats and Violence as well as Brandishing a Firearm During a Federal Crime of Violence by a federal grand jury in July of 2022. He pleaded guilty on July 3, 2023.
Roberts robbed the Get-n-Go gas station and convenience store on March 29, 2022, using a pistol to demand money from the store employees. Roberts stole $245 in cash.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was prosecuted by Special Assistant U.S. Attorney Elizabeth Ebert, who also serves as a prosecutor with the South Dakota Attorney General’s Office.
Roberts was ordered to remain in the custody of the U.S. Marshals Service for transport to the Bureau of Prisons.
North Dakota Woman Sentenced for Conspiracy to Distribute a Controlled Substance and Possession of an Unregistered FirearmRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Mandan, North Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance and Possession of an Unregistered Firearm. The sentencing took place on September 11, 2023.
Sarah Jahner Clifford, age 45, was sentenced to 19 years and seven months in federal prison, followed by five years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Clifford was indicted by a federal grand jury in September of 2022. She pleaded guilty on December 8, 2022.
The conviction stemmed from a drug conspiracy beginning in January of 2021 and continuing until July of 2022. Clifford was involved in an extensive conspiracy with several other individuals to distribute methamphetamine in and around the central South Dakota area, including on the Cheyenne River Sioux Indian Reservation and the Rosebud Sioux Indian Reservation. Clifford received significant quantities of methamphetamine from sources in Denver, Colorado. Clifford and others would transport the methamphetamine back to South Dakota where it was sold by Clifford and those working for her.
As part of the conspiracy Clifford possessed various firearms, including a Stevens Arms shogun and a Raven Arms pistol. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) confirmed the shotgun has a barrel length of 14 inches and is not registered to Clifford in the National Firearms Registration and Transfer Record as required by law. Further, Clifford is a felon and prohibited from possessing any firearms.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services, the Northern Plains Safe Trains Drug Enforcement Task Force, and ATF. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Clifford was immediately remanded to the custody of the U.S. Marshals Service.
Nebraska Woman Sentenced for Assaulting, Resisting, and Impeding a Federal OfficerRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Winnebago, Nebraska, woman convicted of Assaulting, Resisting, and Impeding a Federal Officer. The sentencing took place on August 28, 2023.
Trista Whitewater, age 33, was sentenced to two years in federal prison, followed by two years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Whitewater was indicted by a federal grand jury in November of 2022. She pleaded guilty on June 23, 2023.
The conviction stemmed from an incident on June 8, 2023, when Whitewater, who was booked at the Bureau of Indian Affairs (BIA) Yankton Sioux Correctional Facility in Wagner for several tribal charges, assaulted a Lead Correctional Officer. After causing a disruption in her pod, Whitewater threatened to hit the Lead Correctional Officer and then fought with the Lead Correctional Officer and other correctional officers, including swinging her fists and scratching the officers, resulting in scratches on the Lead Correctional Officer’s face and her glasses being broken.
This case was investigated by the BIA. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in federal court as opposed to State court.
Whitewater was immediately remanded to the custody of the U.S. Marshals Service.
California Man Convicted of Drug Trafficking ChargesRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that a jury has convicted Victor Alfonso Leon-Pacheco, age 33, of Bakersfield, California, of Conspiracy to Distribute (fentanyl), Conspiracy to Distribute (methamphetamine), and Use of a Communications Facility to Facilitate a Drug Trafficking Crime, following a three-day jury trial in federal district court in Rapid City, South Dakota. The verdict was returned on September 7, 2023. U.S. District Judge Karen E. Schreier presided over the trial.
The charges carry a maximum penalty of life in custody and/or a $10,000,000 fine, five years of supervised release, and a $300 special assessment to the Federal Crime Victims Fund.
Leon-Pacheco was indicted by a federal grand jury in June of 2022. Since 2016, Leon-Pacheco was in custody in Oklahoma. He obtained a contraband cell phone and used the phone to operate a drug trafficking organization across the United States. Leon-Pacheco arranged for family and friends in California to send packages of drugs to various places, including western South Dakota, through the US Postal Service. Those people also received money wire transfers and cash on behalf of the defendant. The methamphetamine and fentanyl were then further distributed by people in the area. Law enforcement was able to introduce an undercover agent, who communicated with the defendant by an encrypted application over the course of several months. The defendant sent approximately 6,000 fentanyl pills and 10 pounds of methamphetamine to law enforcement. During a search of his cell by Oklahoma officials, the contraband phone was located. A co-conspirator, Eduardo Acosta, has already pleaded guilty and was sentenced to 36 months custody.
This case was investigated by the South Dakota Division of Criminal Investigation, U.S. Postal Inspection Service, Drug Enforcement Administration, and the Oklahoma Department of Corrections. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
A presentence investigation was ordered, and a sentencing date will be set. The defendant was remanded to the custody of the U.S. Marshals Service.
Nebraska Man Sentenced on Firearm ChargeRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Court Chief Judge Robert A. Lange has sentenced a Hastings, Nebraska, man convicted of Possession of a Firearm by a Prohibited Person. The sentencing took place on September 5, 2023.
Joaquin Cervantes, 39, was sentenced to five years in federal prison, follow by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Cervantes was indicted for Possession of a Firearm by a Prohibited Person by a federal grand jury in May of 2023. He pleaded guilty on June 16, 2023.
The conviction stems from Cervantes, a previously convicted felon who is prohibited from possessing firearms, knowingly being in possession of a Remington semi-automatic rifle in Rapid City, South Dakota, in March of 2023.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Cervantes was immediately remanded to the custody of the U.S. Marshals Service.
Lantry Woman Sentenced for LarcenyRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Lantry, South Dakota, woman convicted of Larceny. The sentencing took place on September 1, 2023.
Trude Clown, age 47, was sentenced to all time served through October 11, 2023, equal to approximately one-and-a-half months in federal prison, followed by three years of supervised release. She was further ordered to pay restitution of $20,143.61 and a $100 special assessment to the Federal Crime Victims Fund.
Clown was indicted for Larceny by a federal grand jury in August of 2022. She pleaded guilty on May 31, 2023.
The conviction stemmed from Clown purchasing a variety of goods and services between February 1, 2022, and June 1, 2022, with information she obtained from the victim’s bank card. Clown used this information to make numerous unauthorized purchases online and from businesses located on the Cheyenne River Sioux Tribe Indian Reservation.
This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in Federal court as opposed to State court.
This case was investigated by Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Wayne Venhuizen prosecuted the case.
Clown was immediately remanded to the custody of the U.S. Marshals Service.
Sturgis Woman Sentenced to 14 Years in Federal Custody for Drug TraffickingRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffrey L. Viken has sentenced a Sturgis, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance (methamphetamine). The sentencing took place on August 28, 2023
Devan McKenzie, 27, was sentenced to 14 years in federal prison, followed by five of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
McKenzie was indicted for three counts of Conspiracy to Distribute a Controlled Substance (methamphetamine, heroin, and fentanyl) by a federal grand jury in December of 2021. She pleaded guilty on April 14, 2023.
Beginning around February of 2020, McKenzie began selling controlled substances with Brook and Dustin Staeffler. The group made arrangements to obtain the drugs in Colorado and then transport them to South Dakota. McKenzie transported the substances on several occasions and recruited her own sub-distributors to further sell the drugs in the Rapid City area. Overall, the conspiracy was responsible for at least 1.29 kilograms of methamphetamine, 857.5 grams of fentanyl, and 860.5 grams of heroin. During the investigation, law enforcement executed search warrants at McKenzie’s residence, and located drugs and items indicating she was actively engaged in selling illegal substances.
This case was investigated by the Unified Narcotics Enforcement Team, which is local a drug task force comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, and the South Dakota National Guard. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
McKenzie was immediately remanded to the custody of the U.S. Marshals Service.
Sturgis Woman Sentenced to 14 Years in Federal Custody for Drug TraffickingRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffrey L. Viken has sentenced a Sturgis, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance (methamphetamine). The sentencing took place on August 28, 2023
Devan McKenzie, 27, was sentenced to 14 years in federal prison, followed by five of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
McKenzie was indicted for three counts of Conspiracy to Distribute a Controlled Substance (methamphetamine, heroin, and fentanyl) by a federal grand jury in December of 2021. She pleaded guilty on April 14, 2023.
Beginning around February of 2020, McKenzie began selling controlled substances with Brook and Dustin Staeffler. The group made arrangements to obtain the drugs in Colorado and then transport them to South Dakota. McKenzie transported the substances on several occasions and recruited her own sub-distributors to further sell the drugs in the Rapid City area. Overall, the conspiracy was responsible for at least 1.29 kilograms of methamphetamine, 857.5 grams of fentanyl, and 860.5 grams of heroin. During the investigation, law enforcement executed search warrants at McKenzie’s residence, and located drugs and items indicating she was actively engaged in selling illegal substances.
This case was investigated by the Unified Narcotics Enforcement Team, which is local a drug task force comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, and the South Dakota National Guard. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
McKenzie was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced to 10 Years in Federal PrisonRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffrey L. Viken has sentenced a Rapid City, South Dakota, man convicted of Receipt of Child Pornography and Possession of Child Pornography. The sentencing took place on August 29, 2023.
Nathan David Hankins, 30, was sentenced to two 10-year terms in federal prison, to run concurrently. Hankins’ federal custody time will run consecutively with a previously imposed state custody sentence. Hankins was also sentenced to lifetime supervised release and ordered to pay a $200 special assessment to the Federal Crime Victims Fund.
Hankins was indicted for Receipt of Child Pornography and Possession of Child Pornography by a federal grand jury in December of 2019. He was convicted at a court trial on March 23, 2023.
Hankins was federally indicted following a Cybertip from the National Center of Missing and Exploited Children in relation to a download of child pornography from Hankins’ Google account. The Internet Crimes Against Children Taskforce executed a search warrant on Hankins’ residence and located several devices. A forensic examination of those devices found hundreds of images of child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
This case was investigated by the Internet Crimes Against Children Taskforce, South Dakota Division of Criminal Investigation, Homeland Security Investigations, Pennington County Sheriff’s Office, and the Rapid City Police Department. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Hankins was immediately remanded to the custody of the U.S. Marshals Service.
Four Defendants Sentenced for Role in ATM LarcenyRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Crockett, Texas, man convicted of Bank Larceny. The sentencing took place on August 30, 2023.
Keivon Jones, 26, was sentenced to 21 months in federal prison, followed by three years of supervised release. He was ordered to pay approximately $100,000 in restitution and $100 as a statutorily required special assessment to the Federal Crime Victims Fund.
Jones, along with his co-defendants, were indicted for Bank Larceny and Transportation of Stolen Money by a federal grand jury in September of 2022. Jones pleaded guilty on May 8, 2023.
Three co-defendants were previously sentenced in this case:
- Kytorrion Young, age 32, was sentenced to 23 months in federal prison;
- Kendrick Kennedy, age 24, was sentenced to six months in federal prison; and
- Alton Himes, age 25, was sentenced to 19 months in federal prison.
According to court documents, on December 2, 2021, in the early morning hours, Jones, and his three co-defendants, approached an automated teller machine (ATM) belonging to Dakotaland Federal Credit Union located in Madison, South Dakota. One of the vehicles that Jones and his co-defendants were driving at that time was a stolen Ford F-350 pickup truck. The truck was stolen from a parking lot located on the campus of South Dakota State University in Brookings, South Dakota.
Jones and his co-defendants used the stolen truck and towing equipment, including straps and J-hooks, to physically break into the ATM and remove three cash boxes. After forcefully removing the boxes, Jones and his co-defendants stole the boxes and fled the area in the stolen pickup truck. They then traveled across state lines with the stolen cash.
The ATM was destroyed in the process of the larceny and was deemed a total loss, costing over $30,000 to replace. The total amount of cash stolen was $32,300, and it belonged to Dakotaland Federal Credit Union.
Jones’s co-defendants – Kytorrion Young, Alton Himes, and Kendrick Kennedy – knowingly participated with Jones in carrying out bank larceny.
This case was investigated by FBI. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Jones was immediately remanded to the custody of the U.S. Marshals Service.
Wagner Woman Sentenced for Involuntary ManslaughterRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Wagner, South Dakota, woman convicted of Involuntary Manslaughter. The sentencing took place on August 21, 2023.
Chelsea Andersh, age 29, was sentenced to four years of probation and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Andersh was indicted by a federal grand jury in March of 2022. She pleaded guilty on May 31, 2023.
The conviction stemmed from an incident on September 11, 2021, when Andersh, after smoking methamphetamine and marijuana, gave her five-month old son a bottle and put him back in the bed with her. Later that day, the baby was discovered on his side, his face into Andersh’s body, under her arm, deceased. The autopsy revealed that the cause of death was “asphyxia due to smothering due to bed sharing with mother.” The contributing cause was “maternal methamphetamine use.”
This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in federal court as opposed to State court.
This case was investigated by the Yankton Sioux Law Enforcement, Charles Mix County Sheriff’s Office, Wagner Police Department, and the FBI. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Sioux Falls Man Sentenced for Attempted Production of Child PornographyRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Sioux Falls, South Dakota, man convicted of Attempted Production of Child Pornography. The sentencing took place on August 21, 2023.
Tyson Thill, age 45, was sentenced to 15 years in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Upon release from custody, Thill must register as a sex offender.
Thill was indicted by a federal grand jury in September of 2021. He pleaded guilty on May 30, 2023.
The conviction stemmed from incidents between February 8, 2019, and July 28, 2021, when Thill downloaded an application to use a camera from a remote location on his cell phone. Thill used the app to control the camera of another phone that he hid in a bedroom for the purpose of taking photographs of a minor getting dressed. Thill knew the minor was underage.
This case was investigated by Homeland Security Investigations, the South Dakota Division of Criminal Investigation, and the National Center for Missing and Exploited Children. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Thill was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Woman Sentenced for Drug TraffickingRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffrey L. Viken has sentenced a Rapid City, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on August 25, 2023.
Amanda Vu, 36, was sentenced to 18 years in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Vu was indicted for Conspiracy to Distribute a Controlled Substance (methamphetamine) by a federal grand jury in October of 2022. She pleaded guilty on May 15, 2023.
Starting around January of 2020 and lasting until her arrest in November of 2022, Vu obtained methamphetamine from Colorado, which she then transported to South Dakota. Vu sold the methamphetamine to people in South Dakota for use or to further distribute. Although exact quantities are unknown, law enforcement estimates she brought back approximately 60 kilograms of methamphetamine. During the conspiracy, the defendant also rented multiple vehicles, a storage unit, and short-term house rentals to facilitate her organization and avoid detection by law enforcement.
This case was investigated by Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Unified Narcotics Enforcement Team, which is a local drug task force comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, and the South Dakota National Guard. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Vu was immediately remanded to the custody of the U.S. Marshals Service.
Two Men Sentenced in Large Drug ConspiracyRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffrey L. Viken and U.S. District Judge Karen E. Schreier, sentenced two men, convicted of Conspiracy to Distribute a Controlled Substance. Both sentencings took place on August 11, 2023.
Jose Arguello, 37, of Rapid City, South Dakota, was sentenced to 25 years in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Arguello was sentenced by Judge Viken.
Fernando Valenzuela, 41, of Phoenix, Arizona, was sentenced to 11 years and three months in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Valenzuela was sentenced by Judge Schreier.
Arguello and Valenzuela were indicted, along with several others, for Conspiracy to Distribute a Controlled Substance in the spring of 2021, and each pleaded guilty in May of 2023.
Beginning around July 2020, methamphetamine was trafficked into South Dakota from Arizona and Mexico through coordination by Jose Arguello, Fernando Valenzuela, and several other persons. Arguello served as lead organizer of the conspiracy and recruited and coordinated others to send money packages through the U.S. Postal Service, UPS, and other mail carriers. At times, money was also wired to various locations. All of the money sent was to obtain large volumes of methamphetamine. When the bulk quantities of methamphetamine arrived in the Rapid City area, Arguello divided and packaged it and dispersed it to multiple sub-distributors for further distribution in the Black Hills. Some members of the conspiracy, including Kevin Dunn, expanded the group’s methamphetamine trafficking activities to North Dakota. Dunn was previously sentenced to 20 years in prison in January of 2023, by Judge Viken.
In addition to the large volume of methamphetamine that was distributed through the course of this conspiracy, multiple firearms were also possessed in furtherance of the conspiracy.
In total, four members of the conspiracy have been sentenced, three have pleaded guilty and are awaiting sentencing, one still has a pending warrant, and one is set for a trial at the end of August of 2023.
This case was investigated by the Unified Narcotics Enforcement Team (UNET), the Drug Enforcement Agency, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. UNET is comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, and the South Dakota National Guard. Assistant U.S. Attorney Gina S. Nelson prosecuted the case.
Arguello and Valenzuela were immediately remanded to the custody of the U.S. Marshals Service.
Sturgis Man Sentenced for Bank RobberyRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Court Judge Karen E. Schreier has sentenced a Sturgis, South Dakota, man convicted of Bank Robbery. The sentencing took place on August 10, 2023.
Deric Dufek, 33, was sentenced to three years and one month in federal prison, followed by two years of supervised release. He was also ordered to pay a $100 special assessment to the Federal Crimes Victim Fund.
Dufek was indicted for Bank Robbery by a federal grand jury in March of 2022. He pleaded guilty in June of 2023.
On March 14, 2022, Dufek entered Great Western Bank in Spearfish, South Dakota, wearing a mask. Dufek proceeded to go to a bank teller window and showed the teller a note reading "give me the money OR DIE" demanding money from the teller. The teller, believing the defendant had a gun, produced stacks of money to the defendant. The defendant fled Spearfish but was apprehended by law enforcement in Deadwood, South Dakota, later the same day.
This case was investigated by the Spearfish Police Department, Lawrence County Sheriff’s Office, South Dakota Division of Criminal Investigation and the FBI. Assistant U.S. Attorney Gina S. Nelson prosecuted the case.
Dufek was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Drug ConspiracyRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Court Judge Jeffrey L. Viken has sentenced a Rapid City, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance (fentanyl). The sentencing took place on August 10, 2023.
Phillip Moore, 33, was sentenced to 12 years and six months in federal prison, followed by five years of supervised release, and was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Moore was indicted for Distribution of a Controlled Substance Resulting in Serious Bodily Injury by a federal grand jury in October of 2021. He pleaded guilty to Conspiracy to Distribute a Controlled Substance on May 5, 2023.
Beginning in 2021, Moore coordinated with other persons to bring fentanyl in the form of small blue pills from Arizona to South Dakota for distribution. Once the fentanyl arrived in the Rapid City area, Moore worked with others to disperse the fentanyl. On October 15, 2021, a local Rapid City man purchased fentanyl from a batch of fentanyl that had been brought into Rapid City as part of Moore’s conspiracy. The man overdosed and CPR and NARCAN were administered to revive him.
This case was investigated by the local Unified Narcotics Enforcement Team (UNET) and the federal Drug Enforcement Agency. UNET is comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, the South Dakota Highway Patrol, and the South Dakota National Guard. Assistant U.S. Attorney Gina Nelson prosecuted the case.
Moore was immediately remanded to the custody of the U.S. Marshals Service.
Mission Man Convicted of Assaulting a Federal OfficerRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced that a jury has convicted Wilson Brave Heart, age 50, of Mission, South Dakota, of Assaulting, Resisting, and Impeding a Federal Officer following a two-day jury trial in federal district court in Pierre, South Dakota. The verdict was returned on August 16, 2023.
The charges carry a maximum penalty of eight years in custody and/or a $250,000 fine, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Brave Heart was indicted by a federal grand jury in April of 2023.
On March 11, 2023, Brave Heart was arrested by Rosebud Sioux Tribe Law Enforcement Services officers and charged with domestic abuse. He was then transported by an officer to the Rosebud Sioux Tribe Adult Correctional Facility. While he was completing intake processing at the Adult Correctional Facility, Brave Heart spit in the face of the arresting officer.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
A sentencing date has not been set. The defendant was remanded to the custody of the U.S. Marshals Service.
Mexico Man Sentenced as Part of a Drug Trafficking ConspiracyRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced that U.S. District Judge Jeffrey L. Viken has sentenced a Sonora, Mexico, man convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on August 11, 2023.
Miguel Armenta Rivas, 39, was sentenced to 14 years in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Rivas was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in August of 2021. He pleaded guilty on April 13, 2022.
As part of his role within the drug trafficking organization, Rivas coordinated with other co-conspirators and would transport large quantities of methamphetamine from Arizona and other places outside of South Dakota into the Rapid City, South Dakota area. Rivas also coordinated with others regarding the storage and distribution of the methamphetamine once it arrived in South Dakota. The conspiracy lasted more than a year’s time frame. In August of 2021, agents conducted a search warrant of multiple locations in the Rapid City area tied to the conspiracy and located over 70 pounds of methamphetamine, multiple pounds of heroin and cocaine, as well as thousands of fentanyl pills, approximately $144,000, and thirteen firearms. One co-conspirator, Noel Rivera, has also been sentenced. Rivera was sentenced in December of 2022 to 17.5 years in federal prison, followed by five years of supervised release. Another co-conspirator is awaiting trial.
This case was investigated by the Unified Narcotics Enforcement Team (UNET), Drug Enforcement Agency, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. UNET is comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, and the South Dakota National Guard. Assistant U.S. Attorney Gina Nelson prosecuted the case.
Rivas was immediately remanded to the custody of the U.S. Marshals Service.
Mexican Man Sentenced to over 30 Years in Federal Prison for Conspiracy to Distribute a Controlled SubstanceRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Charles B. Kornmann has sentenced a Culiacan, Sinaloa, Mexico man convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on August 14, 2023.
Diego Martin Duran Acosta, age 32, was sentenced to 33 years and nine months in federal prison and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Duran Acosta was indicted by a federal grand jury in January of 2022. He pleaded guilty on November 14, 2022.
The conviction stemmed from incidents when Duran Acosta distributed methamphetamine. He voluntary joined an agreement with others to have the methamphetamine sold to him so he could resell it and share with other co-conspirators. A search warrant was obtained for his hotel room on September 20, 2021. Law enforcement discovered approximately nine pounds of methamphetamine, which is a Schedule II controlled substance.
This case was investigated by the South Dakota Division of Criminal Investigation, the Douglas County Sheriff’s Office in Alexandria, MN, the West Central MN Drug and Violent Crimes Task Force, and the FBI. Assistant U.S. Attorney Mark Hodges prosecuted the case.
Duran Acosta was immediately remanded to the custody of the U.S. Marshals Service.
Pine Ridge Man Sentenced on Two Assault CasesRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Judge Jeffrey L. Viken has sentenced a Pine Ridge, South Dakota, man convicted of two separate charges, Assault with a Dangerous Weapon and Assault on a Federal Officer. The sentencing took place on August 9, 2023.
Dre Red Feather, 31, was sentenced to eight years in federal prison on the Assault with a Dangerous Weapon conviction, and six years and five months in federal prison for the Assault on a Federal Officer, to be served consecutively. Red Feather was also sentenced to three years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund
Red Feather had been previously released from federal custody on an unrelated case just eight days before he was involved in an assault in the East Ridge area of Pine Ridge, which resulted in the death of a man. On the afternoon of July 9, 2022, Red Feather and two others went to the home of the victim to obtain alcohol. A verbal argument ensued outside of the victim’s home that escalated into a physical altercation. Red Feather stabbed the victim during the fight, who died as a result.
While Red Feather was in custody on the assault that resulted in the victim’s death, Red Feather assaulted a corrections officer at the Pennington County Jail. Red Feather approached a corrections officer, and then kicked and repeatedly struck the corrections officer in the face.
The case was investigated by the FBI, Oglala Sioux Tribe Department of Public Safety, U.S. Marshals Service, and the Pennington County Sheriff’s Office. Assistant U.S. Attorneys Gina Nelson and Megan Poppen prosecuted the cases.
Red Feather was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced to 20 Years in Federal PrisonRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffrey L. Viken has sentenced a Rapid City, South Dakota, man convicted of Receipt of Child Pornography. The sentencing took place on August 14, 2023.
Gary Heckel, 71, was sentenced to 20 years in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Heckel will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.
Heckel was indicted for Receipt of Child Pornography and Possession of Child Pornography by a federal grand jury in August of 2022. He pleaded guilty on March 24, 2023.
Heckel was federally indicted following a Cybertip from the National Center of Missing and Exploited Children in relation to suspected child pornography from Dropbox. The Internet Crimes Against Children Taskforce executed a search warrant on Heckel’s home and located multiple devices. A forensic examination of those devices found over 84,000 images of child pornography and over 46,000 videos of child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
This case was investigated by the Internet Crimes Against Children Taskforce, South Dakota Division of Criminal Investigation, Homeland Security Investigations, Pennington County Sheriff’s Office, and the Rapid City Police Department. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Heckel was immediately remanded to the custody of the U.S. Marshals Service.
Pierre Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Pierre, South Dakota, man convicted of Failure to Register as a Sex Offender. The sentencing took place on August 14, 2023.
Benjamin Loafer, age 63, was sentenced to 15 months in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Loafer was indicted for Failure to Register as a Sex Offender by a federal grand jury in January of 2023. He pleaded guilty on May 18, 2023.
Loafer was convicted of Abusive Sexual Contact in U.S. District Court, District of South Dakota, in 2008. As a result of this conviction, Loafer is required to register biannually and within three business days of a change in residence, employment, or education status. In February of 2022, Loafer completed a registration with the Pierre Police Department. At that time, Loafer advised the registering official that he would be relocating to Kyle, South Dakota. In June of 2022, it was discovered that Loafer did not complete an updated registration. Investigation revealed that Loafer resided in Kyle for approximately two months before returning to Pierre. Loafer failed to complete an updated registration after his changes in residence. Loafer was located in Pierre on August 12, 2022.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
This case was investigated by the U.S. Marshals Service, the Pierre Police Department, and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Abby Roesler prosecuted the case.
Peneaux was immediately remanded to the custody of the U.S. Marshals Service.
Mobridge Man Sentenced for Conspiracy to Distribute a Controlled SubstanceRead the Press Release
ABERDEEN - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Charles B. Kornmann has sentenced a Mobridge, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on August 14, 2023.
Dana Aman, age 54, was sentenced to two and a half years in federal prison, followed by three years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Aman was indicted by a federal grand jury in October of 2022. He pleaded guilty on May 4, 2023.
The conviction stemmed from an investigation that began when postal inspectors in South Dakota were notified that an international package had been intercepted by U.S. Customs and Border Patrol. The package originated in Navi Mumbai, India, and was addressed to Aman in Mobridge. The parcel was found to contain 50 boxes of silver blister packs containing orange pills, but labeled “Tapentadol Tablets 100 mg” for a total of 5,000 tablets. Tapentadol is a Schedule II controlled substance. During the course of the investigation Aman admitted that he would receive multiple pill packages, containing thousands of pills, from the source in India and then repackage and mail the pills to various individuals across the United States.
This case was investigated by the U.S. Postal Inspector and Homeland Security Investigations. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Aman was immediately remanded to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Mission, South Dakota, man convicted of Failure to Register as a Sex Offender. The sentencing took place on August 14, 2023.
James Peneaux, age 56, was sentenced to 15 months in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Peneaux was indicted for Failure to Register as a Sex Offender by a federal grand jury in January of 2023. He pleaded guilty on May 18, 2023.
Peneaux was convicted of Sexual Contact with a Child Under the Age of 16 in Davison County, South Dakota, in 1989. As a result of this conviction, Peneaux is required to register quarterly and within three business days of a change in residence, employment, or education status. In March of 2020, Peneaux relocated from Sioux Falls to Mission. Peneaux initially complied with his registration requirements but failed to complete any registration after December of 2020. Investigation revealed that Peneaux was no longer residing at his registered address and his whereabouts were unknown until his arrest in December of 2022.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
This case was investigated by the U.S. Marshals Service and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Abby Roesler prosecuted the case.
Peneaux was immediately remanded to the custody of the U.S. Marshals Service.
Kyle Man Sentenced to Federal PrisonRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffrey L. Viken has sentenced a Kyle, South Dakota, man convicted of Voluntary Manslaughter. The sentencing took place on August 14, 2023.
Scotty Old Horse, 28, was sentenced to five years in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Old Horse was indicted for Second Degree Murder by a federal grand jury in November of 2022. He pleaded guilty on May 17, 2023.
The conviction stems from Old Horse killing another man on November 2, 2022, at Kyle, when Old Horse struck him with his vehicle.
This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in Federal court as opposed to State court.
This case was investigated by the FBI and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Anna Lindrooth prosecuted the case.
Old Horse was immediately remanded to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Conspiracy to Distribute a Controlled SubstanceRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced an Eagle Butte, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance.
Larry Chavez, age 26, was sentenced to two years in federal prison, followed by three years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Chavez was indicted by a federal grand jury in April of 2022. He pleaded guilty on March 20, 2023.
Beginning in January of 2021, Chavez and co-defendant Regina Maynard conspired with others to distribute methamphetamine in and around Central South Dakota and on the Cheyenne River Sioux Reservation. Methamphetamine is a Schedule II controlled substance. Maynard was previously sentenced to seven years and three months in federal prison.
This case was investigated by the Stanley County Sheriff’s Office and the Northern Plains Safe Trails Drug Task Force. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Chavez was immediately remanded to the custody of the U.S. Marshals Service following his sentencing.
Aberdeen Man Sentenced for Possession of a Firearm by a Prohibited PersonRead the Press Release
ABERDEEN - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Charles B. Kornmann has sentenced an Aberdeen, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person. The sentencing took place on August 14, 2023.
Tujuane Leno Lowry, age 46, was sentenced to seven years in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Lowry was indicted by a federal grand jury in August of 2022. He pleaded guilty on May 24, 2023.
The conviction stemmed from an incident on June 18, 2022, in Aberdeen, when Lowry was observed on video holding a handgun he had pulled from a white tube sock. He was also observed on the video using methamphetamine. Lowry is a felon and is prohibited from possessing firearms. The firearm was later recovered by law enforcement and determined to have been a stolen firearm.
This case was investigated by the Aberdeen Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorneys Meghan N. Dilges and Carl Thunem prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Lowry was immediately remanded to the custody of the U.S. Marshals Service.
Two Winner Residents Charged with Sex Trafficking of Children and Production of Child PornographyRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a man and woman from Winner, South Dakota, with two counts of Sex Trafficking of a Child. The man was also indicted for two counts of Production of Child Pornography.
Richard Alan Kucera, age 65, and Ivy Rose Heron, age 36, were indicted in August of 2023. Kucera appeared before U.S. Magistrate Judge Mark A. Moreno on August 10, 2023, and Heron appeared before U.S. Magistrate Judge Mark A. Moreno on August 4, 2023. Both pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, life of supervised release, and up to $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that in 2020 and 2021, Kucera and Heron intentionally recruited and enticed two juvenile females to engage in commercial sex acts. Both Kucera and Heron financially benefited from their participation in the illegal venture.
The Indictment also alleges that Kucera persuaded, induced, enticed, and coerced the same two minor females to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct.
The charges are merely accusations and Kucera and Heron are presumed innocent until and unless proven guilty.
The investigation is being conducted by the FBI. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Kucera was released on bond pending trial. Heron was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for October 3, 2023.
Pine Ridge Man Sentenced to 14 years in Federal PrisonRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Pine Ridge, South Dakota, man convicted of Second-Degree Murder – Aiding and Abetting. The sentencing took place on August 11, 2023.
Lance Wahokiza Red Cloud, 28, was sentenced to 14 years in federal prison, followed by five years of supervised release, and ordered to pay $100 special assessment to the Federal Crime Victims Fund.
Red Cloud was indicted for Second Degree Murder – Aiding and Abetting by a federal grand jury in September of 2022. He pleaded guilty on May 26, 2023.
The charge related to Red Cloud and two other individuals beating Robert Lynn Jumping Eagle to death in November of 2021 in Pine Ridge, South Dakota.
This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in Federal court as opposed to State court.
This case was investigated by the FBI and the Oglala Sioux Tribe Department of Public Safety Criminal Investigation Division. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Red Cloud was immediately remanded to the custody of the U.S. Marshals Service.
Five Men Arrested in Sex Trafficking OperationRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced that the South Dakota Division of Criminal Investigation (DCI), the South Dakota Internet Crimes Against Children Task Force (ICAC), U.S. Homeland Security Investigations (HSI), Ellsworth AFB Office of Special Investigations, the Pennington County Sheriff’s Office, and the Rapid City Police Department conducted a joint sex-trafficking operation during the 2023 Sturgis Motorcycle Rally. The operation began on August 4, 2023, and continued through August 10, 2023.
As a result, the following five men were arrested and charged:
Burton Dave Chief, Jr., 35, Rapid City – Attempted Sexual Exploitation of a Minor
Vincent Alberto Barrios, 42, Box Elder - Attempted Enticement of a Minor Using the Internet
James Halen Dreamer, 41, Rapid City - Attempted Enticement of a Minor Using the Internet
James Peter Fast Horse, 45, Rapid City - Attempted Enticement of a Minor Using the Internet
Jacob Chinni Wilson, 38, Rapid City - Attempted Enticement of a Minor Using the Internet
“Working with our law enforcement partners, we were able to take more dangerous sexual predators off the streets of South Dakota this week,” said U.S. Attorney Alison J. Ramsdell. “We appreciate the exceptional collaboration between state, local, and federal agencies that made this operation a success.”
The mandatory minimum penalty upon conviction for Attempted Sexual Exploitation of a Minor is 15 years up to 30 years in federal prison; and any term of years, not less than five, up to lifetime supervised release.
The mandatory minimum penalty upon conviction for Attempted Enticement of a Minor Using the Internet is 10 years up to life in federal prison; and any term of years, not less than five, up to lifetime supervised release.
The charges are merely accusations, and all five defendants are presumed innocent until and unless proven guilty.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
The cases are being federally prosecuted by Assistant U.S. Attorneys Sarah B. Collins and Heather Knox.
Arvin, California, Man Sentenced for Facilitating a Drug CrimeRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that United States District Judge Karen E. Schreier has sentenced a Arvin, California, man convicted of Use of a Communication Facility in the Commission of a Drug Trafficking Crime. The sentencing took place on August 11, 2023.
Eduardo Acosta, 24, was sentenced to 37 months custody in federal prison, followed by one year of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Acosta was indicted for Use of a Communication Facility in the Commission of a Drug Trafficking Crime by a federal grand jury in June 2022. He pleaded guilty on May 26, 2023.
Acosta resides in California. His acquaintance, Victor Alfonso Leon-Pacheco, was in custody in Oklahoma. Acosta accepted payments for drug proceeds that were wired through money exchange services. This occurred multiple times between September 2021 and January 2022. Acosta also sent packages containing controlled substances to South Dakota at the direction of Leon-Pacheco. Acosta and Leon Pacheco utilized cell phones to communicate, which are also considered to be communication facilities.
This case was investigated by the United States Postal Inspection Service, the Unified Narcotics Enforcement Team, which is local drug task force comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, and the South Dakota National Guard. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Acosta will report to the Bureau of Prisons in September.
Rapid City Man Found Guilty of Failure to Register as a Sex OffenderRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced that U.S. District Judge Karen E. Schreier has convicted Ryder White Hawk Sierra, age 33, of Rapid City, South Dakota, of one count of Failure to Register as a Sex Offender following a court trial in federal district court in Rapid City, South Dakota. The verdict was returned on August 9, 2023.
The charge carries a maximum penalty of 10 years in custody and/or a $250,000 fine, a minimum of five years up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Sierra was indicted by a federal grand jury in March of 2023.
The charge related to Sierra failing to register and update his sex offender registration under the Sex Offender Registration and Notification Act between January and March of 2023.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Megan Poppen prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for October 25, 2023. The defendant was remanded to the custody of the U.S. Marshals Service.
Mitchell Man Sentenced for Receipt and Distribution of Child PornographyRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Mitchell, South Dakota, man/woman convicted of Receipt and Distribution of Child Pornography. The sentencing took place on August 7, 2023.
Justin Douglas Brende, age 43, was sentenced to 15 years in federal prison, 15 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Brende was indicted by a federal grand jury in June of 2022. He pleaded guilty on May 16, 2023.
The conviction stemmed from incidents between November 1, 2020 and October 3, 2021, when Brende knowingly received and distributed material which contained child pornography. Brende used his cellular phone to access the internet and subsequently searched for, received, and distributed child pornography. On some occasions, he used his PayPal account as a means to pay money to access digital files that contained images and videos of prepubescent children engaged in sexually explicit conduct. Some of the prepubescent minors had not attained the age of 12.
This case was investigated by the DCI, the SD Internet Crimes Against Children, the National Center for Missing and Exploited Children, and the Mitchell Police Department. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Brende was immediately remanded to the custody of the U.S. Marshals Service.
Colorado Man Sentenced for Possession with Intent to Distribute a Controlled SubstanceRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Lamar, Colorado, man convicted of Possession with Intent to Distribute a Controlled Substance. The sentencing took place on August 9, 2023.
Jose Dominguez, age 39, was sentenced to 10 years in federal prison, three years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Dominguez was indicted by a federal grand jury in January of 2023. He pleaded guilty on May 22, 2023.
On October 19, 2022, the Lyman County Sheriff’s Office received a driving complaint from concerned citizens traveling on the interstate. The citizens reported a dark grey Toyota Corolla was driving erratically and in speeds in excess of 100 mph. Law enforcement located the vehicle and initiated a traffic stop. Dominguez was identified as the driver A search of the vehicle produced a Ziplock bag containing 212 grams of pure methamphetamine and several baggies common to distribution. Methamphetamine is a Schedule II controlled substance. Dominguez admitted to officers he was transporting the drugs to an individual in Sioux Falls, South Dakota, where it would be distributed.
This case was investigated by the FBI, the Northern Plains Safe Trails Drug Enforcement Task Force, and the Lyman County Sheriff’s Office. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Dominguez was immediately remanded to the custody of the U.S. Marshals Service.
Three Sioux Falls Men and Two Sioux Falls Women Sentenced for ConspiracyRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced three Sioux Falls, South Dakota, men and one Sioux Falls, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance, and one Sioux Falls, South Dakota, woman convicted of Conspiracy to Launder Monetary Instruments.
Salvador Magana Madrigal, age 41, was sentenced on August 7, 2023, to 33 years and four months in federal prison, followed by 10 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Oscar Madrigal, age 30, was sentenced on July 27, 2022, to 10 years in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Rosa Elena Magana Madrigal, age 65, was sentenced on August 15, 2022, to five years in federal prison, followed by two years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
William Burt Hartwick, age 54, was sentenced on November 21, 2022, to five years and 10 months in federal prison, followed by two years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Maria D. Magana-Zavala, age 53, was sentenced on December 27, 2022, to five years and 10 months in federal prison, followed by two years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
A sixth co-conspirator, Anahi Plascencia Cardona, will be sentenced on October 30, 2023.
All six defendants were indicted by a federal grand jury in the summer of 2021. Oscar Madrigal pleaded guilty on April 4, 2022; Rosa Madrigal pleaded guilty on May 25, 2022; William Hartwick pleaded guilty on August 30, 2022; Maria Magana-Zavala pleaded guilty on October 4, 2022; and Salvador Magana Madrigal and Anahi Plascencia Cardona were found guilty of conspiracy to distribute 500 grams or more of methamphetamine and conspiracy to commit money laundering following a four-day federal jury trial in Sioux Falls on May 2, 2023.
The conviction stemmed from activities that started when Salvador Madrigal and Anahi Cardona, who are husband and wife, recruited other members of Madrigal’s family to assist them in obtaining large amounts of methamphetamine from California and distributing it in Sioux Falls. Salvador Madrigal and Cardona recruited Madrigal’s aunt and uncle, Maria Magana Zavala and William Hartwick, to transport methamphetamine by vehicle from California. Eventually Salvador’s brother, Oscar, became involved in the conspiracy by assisting his brother in transporting and counting shipments of methamphetamine.
Salvador Madrigal, Jr. and Cardona, along with Salvador’s mother, Rosa Madrigal, also intentionally conspired to knowingly conduct wire/money transfers which involved the proceeds of unlawful activities. The group conducted numerous financial transactions intended to transfer the proceeds from methamphetamine sales, while concealing the nature and ownership of the money.
This case was investigated by the Sioux Falls Area Drug Task Force, the Drug Enforcement Administration, and the IRS-Criminal Investigation. Assistant U.S. Attorney Mark Hodges prosecuted the case.
All five defendants were immediately remanded to the custody of the U.S. Marshals Service following their respective sentencing.
Mission Woman Sentenced for Conspiracy to Distribute a Controlled SubstanceRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Mission, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on August 8, 2023.
Anne Cordier, age 41, was sentenced to 10 years in federal prison, followed by five years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Cordier was indicted by a federal grand jury in July of 2022. She pleaded guilty on April 13, 2023.
Beginning in January of 2022, Cordier conspired with others to distribute methamphetamine in South Dakota. Cordier received pound quantities of methamphetamine from a source in California and re-distributed it on the Rosebud Sioux Indian Reservation. Methamphetamine is a Schedule II controlled substance.
This case was investigated by the U.S. Postal Inspection Service, FBI, Northern Plains Safe Trails Drug Task Force, Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Cordier was immediately remanded to the custody of the U.S. Marshals Service.
McLaughlin Man Convicted by Federal Jury for Simple AssaultRead the Press Release
ABERDEEN - United States Attorney Alison J. Ramsdell announced that Martin Black Cloud, age 19, of McLaughlin, South Dakota, was found guilty of Simple Assault as a result of a two-day federal jury trial in Aberdeen, South Dakota.
The charge carries a maximum penalty of six months in federal prison and/or a $5,000 fine, one year of supervised release, and a $25 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
Black Cloud was indicted by a federal grand jury in September of 2022.
The evidence at trial showed that on June 22, 2022, in McIntosh, South Dakota, Black Cloud was drinking alcohol with his stepfather. Black Cloud quarreled with his stepfather and assaulted him, resulting in his stepfather’s hospitalization. Black Cloud then apologized to his stepfather, injured himself with a knife and fled.
This matter is being prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in Federal court as opposed to State court.
This case was investigated by the Bureau of Indian Affairs – Office of Justice Services, Standing Rock Agency. Assistant U.S. Attorneys Carl Thunem and Cameron Cook prosecuted the case.
A presentence investigation report was ordered and a sentencing date has not been set. Black Cloud remains in the custody of the U.S. Marshals Service pending sentencing.
Arizona Man and Woman found Guilty of Conspiracy to Distribute a Controlled SubstanceRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that a jury has convicted Rusty James Driscoll, age 39, and Shauna Marie Gross, age 62, both of Kingman, Arizona, of Conspiracy to Distribute a Controlled Substance following a four-day jury trial in federal district court in Sioux Falls, South Dakota. The verdict was returned on August 4, 2023.
The charge carries a maximum penalty of life in federal prison and/or a $10,000,000 fine, life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Driscoll and Gross were indicted by a federal grand jury in March of 2022.
In 2022, Driscoll, Gross, and other co-conspirators agreed amongst themselves to distribute methamphetamine in South Dakota. In carrying out their conspiracy, Driscoll and Gross shipped multiple pounds of methamphetamine from Arizona to be redistributed in South Dakota. Methamphetamine is a Schedule II controlled substance.
This case was investigated by the SD Division of Criminal Investigation, Drug Enforcement Administration, U.S. Postal Inspection Service, IRS, and the Sioux Falls Area Drug Task Force. Assistant U.S. Attorney Mark Hodges prosecuted the case.
Presentence investigation reports were ordered and sentencing dates have not been set. The defendants were remanded to the custody of the U.S. Marshals Service.
Sioux Falls Man Charged with Sex Trafficking of an Adult by Force and CoercionRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Sioux Falls, South Dakota, man for Sex Trafficking of an Adult by Force and Coercion.
Odarie Massiah, age 33, was indicted in August of 2023. He appeared before U.S. Magistrate Judge Veronica L. Duffy on August 4, 2023, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between July 1, 2020, and August 8, 2022, Massiah knowingly and intentionally recruited an adult female into conducting commercial sex acts, and financially benefited from doing so.
The charge is merely an accusation and Massiah is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Sioux Falls Police Department and HSI. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Massiah was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City man Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffrey L. Viken has sentenced a Rapid City, South Dakota, man convicted of Possession with Intent to Distribute Methamphetamine. The sentencing took place on August 4, 2023.
Scott Deisinger, 52, was sentenced to five years in federal prison, followed by four years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. He also forfeited his interest in three firearms and accompanying ammunition. Deisinger was indicted for Possession with Intent to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person by a federal grand jury in October of 2022. He pleaded guilty on April 14, 2023.
On August 7, 2022, Rapid City Police Department pulled over a vehicle that had been reported stolen. Deisinger was the driver and sole occupant. During a search of the vehicle, law enforcement located marijuana, approximately 90 grams of methamphetamine, items indicative of drug distribution, and three firearms. Two of the firearms had been reported stolen.
This case was investigated by the Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Unified Narcotics Enforcement Team, which is a local drug task force comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, and the South Dakota National Guard. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Deisinger was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Illegal Firearm PossessionRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffrey L. Viken has sentenced a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person. The sentencing took place on August 4, 2023.
Zachary Kirschenmann, 27, was sentenced to three years in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. He also forfeited his interest in firearms seized on August 1, 2022.
Kirschenmann was indicted for Possession of a Firearm by a Prohibited Person by a federal grand jury in October of 2022. He pleaded guilty on April 28, 2023.
On August 1, 2022, Rapid City Police Department stopped a vehicle driven by Zachary Kirschenmann. Officers conducted a search of the vehicle and located two firearms, a ballistics vest, several rounds of .45 caliber ammunition, a lockbox with assorted ammunition, and firearm optics. A check of the firearms located showed one of the pistols had previously been reported stolen. The two firearms were located in a backpack along with multiple forms of documentation belonging to Kirschenmann. Due to felony convictions in South Dakota, Kirschenmann is not legally allowed to possess firearms.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Unified Narcotics Enforcement Team, which is local drug task force comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, and the South Dakota National Guard. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Kirschenmann was immediately remanded to the custody of the U.S. Marshals Service.
Manderson Man Indicted for MurderRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Manderson, South Dakota, man for Second Degree Murder.
Sequoyah Mark West, Jr., age 29, was indicted in June of 2023. He appeared before U.S. Magistrate Judge Daneta Wollmann on August 4, 2023, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, three years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
In April of 2023, at Manderson, West killed a man by beating and strangling him.
The charge is merely an accusation and West is presumed innocent until and unless proven guilty.
This matter is being prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in Federal court as opposed to State court.
The investigation is being conducted by the Oglala Sioux Tribe Department of Public Safety and the FBI. Assistant U.S. Attorney Anna Lindrooth is prosecuting the case.
West was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sisseton Man Convicted of Abusive Sexual ContactRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Charles B. Kornmann has sentenced a Sisseton, South Dakota, man, who was convicted of Abusive Sexual Contact. The sentencing took place on July 31, 2023, in Aberdeen, South Dakota.
Larry Levi Finley III, age 26, was sentenced to 12 months and one day in federal prison, followed by five years of supervised release. He was ordered to pay $100 special assessment to the Federal Crime Victims Fund.
Finley was indicted for Sexual Abuse of a Minor by a federal grand jury in October of 2022. He pleaded guilty to Abusive Sexual Contact on May 4, 2023.
According to court documents, between approximately July and October of 2021, Finley engaged in abusive sexual contact with a minor victim. The victim was over 12 years but younger than 16, and she was unable to consent to the sexual contact. The abuse took place within the tribal lands of the Sisseton-Wahpeton Oyate Sioux Tribe.
This case was investigated by the FBI and the Sisseton-Wahpeton Oyate Tribe’s Law Enforcement. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Finley was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.
Rapid City Man Sentenced for Illegal Firearm PossessionRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffrey L. Viken has sentenced a Rapid City, South Dakota, man convicted of Possession of Firearm by a Prohibited Person. The sentencing took place on July 31, 2023.
Juan Crawford, 33, was sentenced to two years in federal prison, followed by two years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. He was also ordered to forfeit his possession and interest in a firearm and the accompanying ammunition.
Crawford was indicted for Possession of Firearm by a Prohibited Person by a federal grand jury in November of 2022. He pleaded guilty on April 14, 2023.
On September 29, 2022, law enforcement stopped a vehicle driven by Crawford in Rapid City. During a search of the vehicle, law enforcement located a handgun that had previously been reported stolen in Isabel, South Dakota. Crawford is a convicted felon and is prohibited from possessing firearms.
This case was investigated by the South Dakota Highway Patrol and Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Crawford was immediately remanded to the custody of the U.S. Marshals Service.
Peever Man Sentenced to Federal Prison for Aggravated Assault of Domestic PartnerRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Charles B. Kornmann has sentenced a Peever, South Dakota, man, convicted of Assault Resulting in Substantial Bodily Injury. The sentencing took place on July 10, 2023, in Aberdeen, South Dakota.
Norbit Bellonger IV, age 23, was sentenced to five years in federal prison (the statutory maximum), followed by three years of supervised release. He was ordered to pay $100 as a statutorily required special assessment to the Federal Crime Victims Fund.
Bellonger was indicted for Assault of an Intimate and Dating Partner by Strangulation and Suffocation, Assault with a Dangerous Weapon, and Assault Resulting in Substantial Bodily Injury by a federal grand jury in December of 2022. He pleaded guilty to Assault Resulting in Substantial Bodily Injury on April 11, 2023.
According to court documents, in August of 2022, Bellonger committed an aggravated assault against the victim, who was a dating partner of Bellonger. Bellonger assaulted the victim by striking and strangling her. The victim sustained substantial injuries to her neck and face, among other places, as a result of the assault.
This case was investigated by the FBI and the Sisseton-Wahpeton Oyate Sioux Tribe’s Law Enforcement. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Bellonger was remanded to the custody of the U.S. Marshals Service to continue serving his sentence.
Former Coordinator for Long Hollow District Sentenced for Embezzlement from TribeRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Charles B. Kornmann has sentenced a Sisseton, South Dakota, woman, who was convicted of Embezzlement and Theft from a Tribal Organization. The sentencing took place on July 31, 2023, in Aberdeen, South Dakota.
Valette Keoke, age 52, was sentenced to two years of probation and ordered to pay restitution in the amount of $23,000. She was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Keoke pled guilty to a criminal information on May 4, 2023.
According to court documents, from about June of 2017 through July of 2020, Keoke embezzled and converted to her own use funds and other property belonging belonging to the Long Hollow District ("LHD") of the Sisseton-Wahpeton Oyate Sioux Tribe ("Tribe".) During the relevant time period, Keoke was employed as the District Coordinator for the LHD, thereby making her an employee of a tribal organization associated with the Tribe. As part of her duties, Keoke processed checks from the LHD’s bank account. While working in that capacity, Keoke accepted checks payable to herself. Her offense conduct involved her unlawful receipt of approximately $23,000. The money she received derived from the LHD’s bank account. She was not entitled to that money, and her receipt of that money was unlawful.
The investigation was conducted by the U.S. Attorney’s Office and the FBI. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
The case was brought pursuant to The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the U.S. Attorney’s Office, the participating agencies include: FBI; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.
For additional information about The Guardians Project, please contact the U.S. Attorney’s Office at (605) 330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.
St. Francis Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a St. Francis, South Dakota, man convicted of Failure to Register as a Sex Offender. The sentencing took place on July 27, 2023.
Tanner Kills Enemy, age 25, was sentenced to 13 months in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Kills Enemy was indicted by a federal grand jury in January of 2023. He pleaded guilty on April 24, 2023.
Kills Enemy was convicted of Sexual Abuse in 2010. As a result of this conviction, he is required to register as a sex offender and to update his registration within three business days of relocation or changing employment. In October of 2022, Kills Enemy was released from prison and began a period of supervised release residing in St. Francis, but did not thereafter register or update his registration.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Kills Enemy was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Woman Sentenced for Theft from Indian Tribal OrganizationRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Rapid City, South Dakota, woman convicted of Theft from Indian Tribal Organization. The sentencing took place on July 31, 2023.
Tiffany LaClaire, age 36, was sentenced to seven months in federal custody, three months of home confinement, followed by two years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. She was also ordered to pay $6,000 in restitution to the Cheyenne River Sioux Tribe.
LaClaire was indicted for Theft from Indian Tribal Organization by a federal grand jury in July of 2023. She pleaded guilty on May 1, 2023.
The defendant had three children, but her parental rights were terminated in 2011 and the children lived with a new family. On July 19, 2021, the defendant fraudulently applied to the Cheyenne River Sioux Tribe and requested $2,000 for each of her former children under the American Rescue Plan Act of 2021 (ARP). In the application, she falsely indicated all three children were living with her and in her custody, and thus she was eligible to receive economic assistance for each of the children under the ARP. She was issued checks and used the money. The money never went to the benefit of the three children. Later, the family that was actually caring for the children learned the fraudulent application had been made by the defendant and the matter was reported and investigated.
This case was investigated by the FBI. Assistant U.S. Attorney Tim Maher prosecuted the case.
LaClaire was immediately remanded to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Mission, South Dakota, man convicted of Assault With a Dangerous Weapon. The sentencing took place on July 31, 2023.
Cordero Morris, a/k/a Cordero McIntire, age 36, was sentenced to 10 years in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Morris was indicted by a federal grand jury in January of 2023. He pleaded guilty on May 10, 2023.
The conviction stemmed from an incident that occurred near Mission, on September 15, 2022. On that date, Morris was riding in a vehicle driven by the victim, Morris’s spouse and intimate partner. Morris and the victim subsequently got into an argument and Morris produced a knife, which he used to cut the victim on her arm. The victim stopped the vehicle and Morris got out, at which point the victim drove away. The victim then drove into Mission and went to the residence of a family member, who called 911. In April of 2023, while the case was pending trial, Morris called the victim from jail and attempted to persuade her to change her description of the incident and to say she did not remember what happened.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in Federal court as opposed to State court.
Morris was immediately remanded to the custody of the U.S. Marshals Service.
Brookings Man Sentenced for Production of Child PornographyRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Brookings, South Dakota, man convicted of Production of Child Pornography. The sentencing took place on July 31, 2023.
Keenan Chidaushe, age 26, was sentenced to 17.5 years in federal prison, followed by five years of supervised release, and ordered to pay $186 in restitution and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Chidaushe was indicted by a federal grand jury in March of 2022. He pleaded guilty on May 5, 2023.
The conviction stemmed from incidents between November 8, 2021, and November 19, 2021, when Chidaushe, used his cell phone to record sexual activity with a minor female. Chidaushe knew the victim was under the age of 18.
As a result of this conviction, Chidaushe will be required to register as a sex offender upon his release from custody.
This case was investigated by the Brookings Police Department and Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Chidaushe was immediately remanded to the custody of the U.S. Marshals Service.