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Guatemalan National Sentenced for Illegal Reentry After Deportation

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BOSTON - A Guatemalan national charged with an immigration crime pleaded guilty and was sentenced yesterday in federal court in Boston.

Eric Contreras, 29, pleaded guilty to one count of illegal reentry after deportation before U.S. Senior District Court Judge Mark L. Wolf, who sentenced Contreras to two months in prison and two years of supervised release. Contreras will be subject to deportation proceedings upon completion of his sentence.

Contreras was previously deported on May 11, 2016.  On June 7, 2017, Contreras was arrested in Waltham on unrelated state charges. 

Acting United States Attorney William D. Weinreb and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Weinreb’s Major Crimes Unit prosecuted the case.


Western Washington Tribes Obtain Significant Grant Funding for Services to Crime Victims and Enhanced Public Safety

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          Eleven Western Washington Tribes and one tribal coalition were awarded more than $8.9 million in federal grants to enhance public safety and assist victims of crime in tribal communities, announced U.S. Attorney Annette L. Hayes.  These grants are part of more than $130 million in funding announced by the U.S. Department of Justice today.

 

            “Our Tribal partners work diligently to create safe and just communities, and these grants support that mission,” said U.S. Attorney Annette L. Hayes. “Each of these Tribes submitted detailed proposals on how the available federal resources would be used in their communities.  I commend each of the grant recipients for identifying ways in which federal funding can improve life in Indian Country and look forward to continuing to work in partnership with them to ensure justice is served.”

 

            The eleven Tribes receiving grants include:

  • $3.2 million to the Puyallup Tribe for a variety of criminal justice initiatives, including programs to combat violence against women and alcohol and substance abuse; programs for tribal youth and children services; and programs to fund community policing and correctional alternatives.
  • $969,461 to the Port Gamble S’Klallam tribe for public safety, community policing, and justice systems and programs to combat alcohol and substance abuse.
  •  $621,458 to the Lower Elwha Klallam Tribe for public safely, community policing, and programs to combat violence against women.
  • $560,680 to the Tulalip Tribes for justice systems and to combat alcohol and substance abuse.
  • $555,848 to the Squaxin Island Tribe for public safety and community policing.
  • $512,616 to the Makah Tribe for public safety and community policing.
  • $495,000 to the Swinomish Indian Tribe for Domestic Violence programs.
  • $350,000 to the Muckleshoot Indian Tribe for innovative juvenile court programs.
  • $349,000 to the Quileute Tribe for tribal youth programs.
  • $258,119 to the Skokomish Tribe for justice systems and programs to combat drug and alcohol abuse.
  • $109,393 to the Hoh Tribe for justice systems and programs to combat drug and alcohol abuse.

 

          In addition to the tribal grants, the Washington State Native American Coalition Against Domestic Violence was awarded $318,008 to reduce sexual assault on college campuses.

 

          These grants are part of a nationwide program to support public safety in Tribal communities.  More than $101 million was awarded to 125 American Indian tribes, Alaska Native villages, tribal consortia, and tribal designees through the Department’s Coordinated Tribal Assistance Solicitation (CTAS), a streamlined application for tribal-specific grant programs.  Of the $101 million, $47.6 million comes from the Office of Justice Programs (OJP), $34.1 million from the Office on Violence Against Women (OVW), and $19.4 million from the Office of Community Oriented Policing Services (COPS).

 

          The Justice Department’s Office on Violence Against Women (OVW) awarded 101 grants totaling $56.3 million to tribal governments and nonprofit entities to help respond to the crimes of domestic violence, sexual assault, dating violence, stalking, and sex trafficking in Indian country.  Of the $56.3 million, $34.1 was awarded through the CTAS application process as noted above, and $22.1 million was awarded through other OVW grant programs and special initiatives.

 

          CTAS grants are designed to enhance law enforcement practices, expand victim services, and sustain crime prevention and intervention efforts. Awards cover nine purpose areas: public safety and community policing; justice systems planning; alcohol and substance abuse; corrections and correctional alternatives; children’s justice act partnerships; services for victims of crime; violence against women; juvenile justice; and tribal youth programs.

Raynham Woman Sentenced for Role in Taunton Heroin Ring

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BOSTON – A Raynham woman was sentenced today in federal court in Boston for her role in a Taunton-based heroin trafficking operation.

Kayla Wentworth, 26, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to time served (approximately five months in prison) and 42 months of supervised release, with the first six months to be served in home detention. The sentence is due, in part, to Wentworth’s successful completion of the Court’s RISE Program, during which she completed drug treatment and followed rigorous conditions of supervision designed to insure that she maintained employment, properly cared for herself and her family, and received appropriate mental health and drug treatment counseling. In June 2016, Wentworth pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute heroin.

After a lengthy investigation, Wentworth and 11 co-conspirators were arrested and charged in July 2015 for their roles in a drug trafficking organization led by Eddyberto Mejia Ramos that sold heroin throughout the Taunton area. Mejia Ramos purchased large quantities of heroin from several wholesale suppliers, and then he and his mid-level associates distributed the heroin to lower level distributors and customers, including Wentworth.

Eleven of the defendants have been sentenced, including Wentworth and Mejia Ramos, who was sentenced in August 2016 to 90 months in prison. The final defendant, Kerem Mendez-Luz, is scheduled to be sentenced on Oct. 4, 2017.

Acting United States Attorney William D. Weinreb; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Taunton Police Chief Edward J. Walsh; and Bristol County District Attorney Thomas M. Quinn made the announcement.  Assistant U.S. Attorney Ted Heinrich of Weinreb’s Narcotics and Money Laundering Unit prosecuted the case. 

Dominican National Pleads Guilty to Illegal Reentry After Deportation

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BOSTON - A Dominican national pleaded guilty today in federal court in Springfield to a federal immigration crime.

 

Reynaldo Rodriguez, 49, pleaded guilty to one count of unlawful reentry of a deported alien. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Nov. 28, 2017.

 

Rodriguez was previously deported on June 14, 2007. In June 2017, law enforcement officers in Hampden County encountered Rodriguez and determined him to be illegally present in the United States.

 

Rodriguez faces a sentence of no greater than 10 years in prison, three years of supervised release, a fine of $250,000 and will be subject to deportation upon completion of his sentence.  Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

 

Acting United States Attorney William D. Weinreb and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Todd E. Newhouse of Weinreb’s Springfield Branch Office is prosecuting the case.

Operator of Temporary Employment Agency Pleads Guilty to Tax Crimes and Insurance Fraud

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BOSTON – A Swansea resident pleaded guilty yesterday in federal court in Boston in connection with a long-running, off-the-books payroll scheme through which her temporary employment agency evaded federal employment taxes and workers’ compensation insurance premiums.

 

Souleang Kane, 48, pleaded guilty to 18 counts of willful failure to collect and pay over taxes to the Internal Revenue Service (IRS) and five counts of mail fraud in connection with her evasion of workers’ compensation insurance premiums. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for Jan. 9, 2018. 

 

From 2010 to 2015, Kane operated a series of temporary employment agencies under the names Expert Staffing, Affordable Staffing and M&K Temp Inc., which provided labor for Massachusetts companies in agricultural industries.  Kane failed to report to the IRS approximately $4.3 million that her agencies paid in employee wages.  She thereby avoided collecting and paying both the taxes required to be withheld from employee wages and the matching taxes required to be paid by the employer.  As a result, Kane evaded payment of more than $1.3 million in federal taxes. 

 

Kane also grossly understated her business’ payroll in dealings with her workers’ compensation insurance providers.  As a result, her workers’ compensation insurance premiums were fraudulently reduced by more than $100,000 between 2010 and 2015.

 

Each count of failure to collect and pay over federal taxes provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000.  Each count of mail fraud provides for a sentence of no greater than 20 years in prison, five years of supervised release and a fine of $250,000. Sentences are imposed by the federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

 

Acting United States Attorney William D. Weinreb; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Anthony DiPaolo, Chief of Investigations of the Massachusetts Insurance Fraud Bureau, made the announcement. Assistant U.S. Attorney Victor A. Wild of Weinreb’s Economic Crimes Unit prosecuted the case.

Second Young Melph Mafia Gang Member Sentenced to Life in Prison Following Convictions On Rico, Gun, Drug, and Murder Charges

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Acting U.S. Attorney Duane A. Evans announced that JAWAN FORTIA,a/k/a “Tittie” and “Wine,” age 24, of New Orleans, was sentenced today after having previously been found guilty of violating the Racketeer Influenced Corrupt Organization Act “RICO” as well as drug conspiracy, firearms conspiracy, and murder charges. U.S. District Judge Kurt D. Engelhardt sentenced FORTIA to serve life in prison.

  

In June of 2017, FORTIA, DEDRICKKEELEN, LIONEL ALLEN, BRYAN SCOTT and DELWIN MCLAREN were convicted following a 7-day trial.  According to evidence presented at trial, FORTIA was a member of the “Young Melph Mafia” gang, also referred to as “YMM.”  The YMM gang was initially formed in or about 2005 and continued to exist through 2014.  During the course of the federal investigation into the gang, agents learned that thedefendants controlled an area of Central City New Orleans along Martin Luther King Boulevard near the former Melpomene Housing Development.  The gang, which started when the members were in their early teens, participated in a wide ranging conspiracy to distribute street level quantities of crack cocaine in Central City and participated in several acts of violence against rival gangs, such as the 110ers.  The members of the YMM were associates of the members of the Allen family, who were also indicted and convicted in federal court in 2014.  Three members of the 110ers gang were convicted on January 29, 2015, in Orleans Parish Criminal Court for the Briana Allen shooting.

 

The jury found FORTIAguilty of conspiracy to commit RICO violations, conspiracy to distribute and possess with intent to distribute more than 280 grams of crack cocaine and a quantity of marijuana, conspiracy to possess firearms during and in relation to crimes of violence and drug trafficking crimes, assault with a dangerous weapon and one murder.  Specifically, FORTIA was convicted of participating in the drive-by shooting death of Vennie “Funk” Smith that occurred on April 22, 2012, on Martin Luther King Boulevard.

 

FORTIA was one of eleven defendants originally charged in August of 2014 in a superseding indictment involving gun and drug conspiracies. Five YMM defendants pled guilty to the conspiracy charges and were sentenced. JACOBI “CO” BOYD was sentenced to 480 months of incarceration; ALFRED “AL” COBBINS was sentenced to 252 months of incarceration;SHAWN “GUNNER” GRACIN was sentenced to 270 months of incarceration;RUBEN “RUE” GEIGER was sentenced to 220 months of incarceration; DARIUS “D-MAN” WILLIAMS was sentenced to 156 months of incarceration; and DEONTRE “SOULJA” HILLSwas sentenced to 96 months of incarceration. In August of 2015, federal RICO and murder charges were added against the remaining defendants in a second superseding indictment. JEFFREY WILSON pled guilty to only drug charges and was sentenced to 180 months of incarceration.  DEDRICK KEELEN was sentenced to life plus 10 years last week after being convicted of multiple counts at trial. LIONEL ALLEN, BRYAN SCOTT, and DELWIN MCLAREN, who went to trial with FORTIA, are awaiting sentencing.

 

“The life sentence that was handed down today is another victory in the battle against violent crime for ATF, our law enforcement partners, and more importantly, the citizens of New Orleans,” said ATF Special Agent in Charge Dana Nichols.   

 

Acting U.S. Attorney Evans praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives as part of the metro area’s Multi-Agency Gang Unit (MAG) in investigating this matter.  As an integral component of NOLA FOR LIFE’s Group Violence Reduction Strategy, the MAG Unit consists of a partnership with New Orleans Police Department (NOPD); Orleans Parish District Attorney’s Office (DA); Orleans Parish Sheriff’s Office (OPSO); Louisiana State Police (LSP); Parole Board of the Louisiana Department of Corrections; United States Attorney’s Office (USAO); Federal Bureau of Investigation (FBI); Drug Enforcement Administration (DEA); United States Marshal’s Service (USMS); and the United States Probation & Parole Office for the Eastern District of Louisiana.  Assistant United States Attorneys Edward Rivera, Nolan Paige, and Nicholas Moses were in charge of the prosecution.

Hammond Man Sentenced for Gun Charge

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Acting U.S. Attorney Duane A. Evans announced that DEVONTE WEST, age 21, of Hammond, after previously pleading guilty to one count of possession of a firearm in furtherance of a drug trafficking crime.

 

U.S. District Judge Jay C. Zainey sentenced WEST to 60 months imprisonment, followed by 5 years supervised release, and a $100 special assessment

 

According to court documents, on February 20, 2017, WEST and his cousin MAURICE LLOYD, JR. were victims of a shooting in front of WEST’S residence after WEST completed a drug transaction.  LLOYD was fatally wounded in the shooting. 

 

A search of WEST’S residence revealed approximately two ounces of heroin and multiple firearms.  Further investigation led to the recovery of additional heroin that WEST attempted to discard prior to the arrival of law enforcement to his residence after the shooting. 

 

Acting U.S. Attorney Evans praised the work of the Drug Enforcement Administration and the Tangipahoa Parish Sheriff’s Office in investigating this matter.  Assistant United States Attorney Andre’ Jones was in charge of the prosecution.

Rapper from Kansas City, Kan.Sentenced for Drug Trafficking

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KANSAS CITY, KAN. – A Kansas City, Kan., man who styled himself on the internet as rapper C-Los El Gran was sentenced Tuesday to 168 months in federal prison for his role in a $4 million drug trafficking conspiracy, U.S. Attorney Tom Beall said.

 

Carlos Sierra, 30, Lenexa, Kan., pleaded guilty to one count of conspiracy to distribute methamphetamine. In his plea, he admitted he was a member of a drug trafficking operation headed by his half-brother and co-defendant, Edwin Pacheco. They distributed methamphetamine in the Kansas City metro area.

 

Investigators used confidential informants and electronic surveillance to identify Sierra and to monitor his conversations with Pacheco, during which they talked about problems they faced processing drugs for distribution and their plans to increase their profit margins. Sierra was carrying a Ruger .380 handgun when he was arrested in Kansas City, Kan.

 

Co-defendant Pacheco is awaiting sentencing.

 

Beall commended the Drug Enforcement Administration and Assistant U.S. Attorney Trent Krug for their work on the case.


U.S. Attorney Charges Alabama Deer Breeder for Illegal Transportation of Whitetail Deer

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BIRMINGHAM – The U.S. Attorney’s Office for the Northern District of Alabama today charged a licensed Alabama deer breeder and his associate for illegally transporting captive-bred and raised whitetail deer from a facility in Indiana to his deer breeder facility in Alabama. U.S. Attorney Jay E. Town and Alabama’s Wildlife and Freshwater Fisheries Division Chief of Enforcement Michael Weathers announced the charge.

     Prosecutors filed a one-count information charging LEWIS H. SKINNER, 56, and his associate FRANKLIN BANKS LODEN, 56, both of Northport, with knowingly transporting and receiving whitetail deer in interstate commerce. The defendants should have known that the wildlife was possessed and transported in violation of the laws and regulations of the State of Alabama and the federal Lacey Act, according to the charge.

     In conjunction with the information, prosecutors also filed a plea agreement with Skinner and Loden in the U.S. District Court. According to the plea agreement, Skinner owned and controlled all activities occurring on Skinner Farms, a private deer breeding business in Sumter County, Ala. Skinner had obtained a deer breeder permit from the State of Alabama and knew that Alabama is a “closed border” state that prohibits importing deer.

            According to the plea agreement, Skinner surrendered his Alabama Game Breeders License and agreed not to participate in the commercial deer breeder industry in the future. Skinner also agreed to pay a $100,000 fine, which shall be directed to the Lacey Act Reward Fund, and $650,000 in restitution to the State of Alabama.

In November 2016, according to the plea agreement, Skinner arranged for Loden to move six captive-bred whitetail deer covertly from Indiana to Skinner Farms in Alabama. Law enforcement stopped Loden and seized the deer in Tuscaloosa, Ala. Investigators determined that some of these illegally transported deer were lacking the required identification for the Chronic Wasting Disease Herd Certification Program. The deer in question, fawns from a previously certified herd, rendered the farm and other deer disqualified from the program because of the lack of identification. The required identification is usually in the form of a numbered ear tag or tattoo.

CWD affects the central nervous system of deer species, including whitetail deer. The disease attacks the brain of an infected animal causing it to become emaciated, display abnormal behavior, lose bodily functions, and die. CWD is infectious, communicable and 100 percent fatal.

“The illegal transport of deer from outside the State of Alabama by a licensed deer breeder motivated solely by profit places our entire whitetail deer herd at risk of this fatal disease,” Weathers said. “The charge and plea agreement in this case are evidence of the Wildlife and Freshwater Fisheries Division’s steadfast dedication to protecting the wildlife resources of the State of Alabama,” he said.

As noted in the plea agreement, Skinner is submitting all captive whitetail deer held in his deer breeder facility to be tested for the presence of CWD.

            The Alabama Department of Conservation and Natural Resource’s Wildlife and Freshwater Fisheries Division investigated the case in cooperation with the U.S. Fish and Wildlife Service Office of Law Enforcement. Assistant U.S. Attorney Henry Cornelius is prosecuting the case.

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Monterey man pleads guilty to being a felon in possession of a .22 caliber revolver

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ALEXANDRIA, La. Acting U.S.Attorney Alexander C. Van Hook announced that Monterey man pleaded guilty Monday to possessing a revolver after having been convicted of a felony.

 

Marcus L. Cummings, 58, of Monterey, La., pleaded guilty before U.S. District Judge Dee D. Drell to one count of felon in possession of a firearm. According to the guilty plea, a Louisiana probation agent encountered Cummings on August 25, 2015 at a Monterey gas station. Cummings was on parole for a November 2006 felony conviction. The probation agent asked him if he was in possession of either a controlled substance or a firearm. Possessing either would have been a violation of Cummings’ parole. Cummings said he had a revolver in his vehicle, and they went to his vehicle to retrieve it. The agent found the defendant to be in possession of a .22 caliber Smith and Wesson revolver.

 

Cummings faces up to 10 years in prison, three years of supervised release and a $250,000 fine. The court set a January 2, 2018 sentencing date.

 

This investigation and prosecution is part of Project Safe Neighborhoods, which is a Department of Justice initiative to promote firearm safety and to reduce firearm crimes by preventing the possession and use of firearms by dangerous and persistent felons and others not authorized to possess a firearm.

 

The ATF and Louisiana Probation and Parole conducted the investigation.  Assistant U.S. Attorney T. Forrest Phillips is prosecuting the case.

Last Defendant Sentenced in Methamphetamine Distribution Conspiracy

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            DALLAS —  Alfonso Mercado-Cruz, 32, of Chiapas, Mexico, was sentenced yesterday before U.S. District Judge David C. Godbey to 151 months in federal prison, following his guilty plea in January 2017 to one count of conspiracy to possess with intent to distribute and to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, announced U.S. Attorney John Parker of the Northern District of Texas. 

            Co-defendants Raul Garibay, 25, Gerardo Galvan, 28, and Fernando Mora-Martinez, 43, also pleaded guilty to their role in the conspiracy and were previously sentenced.

            According to plea documents filed in Mercado-Cruz’s case, from January 1, 2016 through May 19, 2016, Mercado-Cruz, along with Galvan, Garibay and Mora-Martinez conspired to possess with intent to distribute 50 grams or more of methamphetamine.  The defendants used a trailer house, equipped with only a stove, in Grand Prairie, Texas, to cook and prepare methamphetamine for distribution.  

 

            Asearch of the trailer house revealed approximately 4 kilograms of methamphetamine in liquid, powder, and crystal form in various stages of processing.  

 

           The Drug Enforcement Administration, Lewisville Police Department, Grand Prairie Police Department, and the Dallas Police Department investigated the case.

           Assistant U.S. Attorney George Leal is in charge of the prosecution.

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Navajo Man from Shiprock Sentenced to 78 Months for Federal Voluntary Manslaughter Conviction

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ALBUQUERQUE – Charley Joe, Jr., 68, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Albuquerque, N.M., to 78 months in prison followed by three years of supervised release for his voluntary manslaughter conviction.

 

Joe was arrested in Sept. 2016, on a criminal complaint charging him with murder for killing a Navajo man on the Navajo Indian Reservation in San Juan County, N.M., on Sept. 15, 2016.  According to the complaint, Joe killed the victim by repeatedly striking him with an ax.

 

Joe was indicted on Oct. 12, 2016, and was charged with voluntary manslaughter on Sept. 15, 2016, on the Navajo Indian Reservation in San Juan County.  On March 23, 2017, Joe pled guilty to the indictment without the benefit of a plea agreement.

 

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorneys Elaine Y. Ramirez and Kristopher N. Houghton.

Convicted Felon Sentenced to Ten Years in Federal Prison for Stealing Firearms from Cargo Train

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CHICAGO — A federal judge today sentenced a convicted felon to ten years in prison for stealing hundreds of firearms from a cargo train on the South Side of Chicago and selling more than a dozen of them.

 

On April 12, 2015, ANDREW SHELTON and several acquaintances burglarized the cargo train while it was parked overnight in a railyard in Chicago’s Avalon Park neighborhood.  The cargo train was en route from a Ruger factory in New Hampshire to Spokane, Wash.  The thieves broke locks on a train car and walked off with approximately 111 firearms, with Shelton keeping 13 guns for himself.  He quickly sold the 13 firearms on the black market.

 

To date, law enforcement has recovered 19 of the 111 stolen firearms at various locations and crime scenes in Chicago and the surrounding area.

 

Shelton, 43, of Riverdale, had previously been convicted of a felony and was not legally allowed to possess a firearm.  He pleaded guilty earlier this year to one count of illegal possession of a firearm by a felon, and one count of possession of a stolen firearm.  U.S. District Judge John J. Tharp Jr. imposed the 120-month sentence in federal court in Chicago.

 

The sentencing was announced by Joel R. Levin, Acting United States Attorney for the Northern District of Illinois; and Celinez Nunez, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives.  The Chicago Police Department and the Norfolk Southern Railroad Police Department provided valuable assistance.

 

“No efforts by law enforcement to stop the senseless killings in this city by keeping guns out of the hands of felons will be successful when there are individuals like the defendant and his codefendants who are willing to profit off of illegal arms trafficking in Chicago,” Assistant U.S. Attorneys Christopher V. Parente and Eric Pruitt argued in the government’s sentencing memorandum.

 

The investigation into the theft and trafficking of the firearms resulted in charges against eleven defendants, including Shelton.  Ten have been convicted, while one defendant, DANDRE MOODY, is awaiting a jury trial on Dec. 11, 2017.

 

The ten convictions include FREDERICK LEWIS (scheduled to be sentenced by Judge Tharp on Oct. 5, 2017, at 2:00 p.m.); PATRICK EDWARDS (scheduled to be sentenced by Judge Tharp on Oct. 12, 2017, at 2:00 p.m.); TERRY WALKER (scheduled to be sentenced by Judge Tharp on Dec. 6, 2017, at 2:00 p.m.); WARREN GATES (sentenced to five years and three months in prison); NATHAN DRIGGERS (sentenced to eight years in prison); LORI SHELTON (sentenced to three years of probation); ELGIN LIPSCOMB (awaiting sentencing); MARCEL TURNER (awaiting sentencing); and ALEXANDER PEEBLES (awaiting sentencing).

Mexican National Pleads Guilty to Federal Heroin and Cocaine Trafficking Charges in New Mexico

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ALBUQUERQUE – Abraham Andres Rios, 37, a Mexican national, pled guilty today in federal court in Albuquerque, N.M., to heroin and cocaine trafficking charges.

 

Rios and co-defendants Omar Garcia, 34, of Albuquerque, N.M., and Jose Alfredo Martinez-Salas, 37, a Mexican national, were arrested in Sept. 2016, on a criminal complaint charging them with cocaine and heroin trafficking offenses.  According to the complaint, federal agents arrested the three defendants after they attempted to distribute approximately 6.1 kilograms of cocaine and a kilogram of heroin to undercover Homeland Security Investigations (HSI) agents.

 

Rios and his co-defendants subsequently were charged in a four-count indictment on Oct. 12, 2016.  The indictment charged Rios and Garcia with conspiracy and possession of cocaine and heroin with intent to distribute, and Martinez-Salas with distribution of cocaine.  According to the indictment, the defendants committed the crimes on Sept. 15, 2016, in Bernalillo County, N.M.

 

During today’s proceedings, Rios pled guilty to Counts 1, 2 and 3 of the indictment charging him with conspiracy and distribution of heroin and cocaine without the benefit of a plea agreement.  At sentencing, Rios faces a statutory minimum penalty of five years and a maximum of 40 years in federal prison.  He remains in custody pending a sentencing hearing, which has yet to be scheduled.

           

On July 27, 2017, Martinez-Salas pled guilty to Count 4 of the indictment charging him with distribution of cocaine.  In entering the guilty plea, Martinez-Salas admitted that on Sept. 15, 2016, he distributed approximately 3.2 kilograms of cocaine to others.  Martinez-Salas admitted picking up a backpack containing cocaine in Taos, N.M., with the intention of delivering the cocaine to individuals in Albuquerque.  Law enforcement officers arrested Martinez-Salas in a restaurant parking lot in northwest Albuquerque after he delivered the cocaine to other individuals.  At sentencing, Martinez-Salas faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in federal prison.  A sentencing hearing has yet to be scheduled.

 

Garcia has entered a plea of not guilty to the charges in the indictment.  Charges in criminal complaints and indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

 

This case was investigated by the Albuquerque offices of HSI and DEA.  Assistant U.S. Attorney Alexander M. Uballez is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico.  Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities.  Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico. 

 

The HOPE Initiative is comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners.  Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.  Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.

Houma Man Pleads Guilty and Faces at least 15 Year Mandatory Sentence for Failure to Register as a Convicted Sex Offender and Distribution of Child Pornography

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Acting U.S. Attorney Duane A. Evans announced that DAVID KLIMENKO,age 29, of Houma, pled guilty today to Failure to Register as a Convicted Sex Offender and Distribution of Child Pornography.

 

According to court records, KLIMENKO was previously convicted of Sex Offense in the Third Degree (engaging in vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old), in violation of CR 3-307(a)(5) of the Annotated Code of Maryland, in the Circuit Court for Anne Arundel County, Maryland under Case No. 02-CR-15-547.  KLIMENKO's Maryland conviction required him to register as a sex offender and complete Sex Offender Registration Forms (“Registration Form”).  If KLIMENKO elected to move from Maryland, he was required to notify Maryland law enforcement, to register with law enforcement in his new state, and complete a Registration Form within three (3) days. 

 

According to law enforcement officers, KLIMENKO moved from Maryland to Louisiana in 2016 and failed to notify law enforcement authorities of his move to Louisiana.  Additionally, special agents with the U.S. Department of Homeland Security determined KLIMENKO used his Facebook account to distribute child pornography on the Internet in February 2017. 

 

KLIMENKO is scheduled to be sentenced on January 3, 2018 by United States District Judge Jay C. Zainey.

           

Due to his prior conviction, KLIMENKO faces a mandatory minimum penalty of 15 years imprisonment up to 40 years, followed by up to a life term of supervised release, and a $250,000.00 fine.

 

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."   

                       

Acting U.S. Attorney Evans praised the work of the U. S. Department of Homeland Security, Homeland Security Investigations in investigating this matter.  The prosecution of this case is being handled by Project Safe Childhood Coordinator and Fraud Section Chief, Assistant U.S. Attorney Brian M. Klebba.

 


Grand Jury Returns Superseding Indictment that Charges Champaign Man with Kidnapping Resulting in Death

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URBANA, Ill. – A federal grand jury today returned a superseding indictment against Brendt A. Christensen, 28, of Champaign, Ill., that charges him with the kidnapping resulting in death of visiting Chinese scholar Yingying Zhang on June 9, 2017. In addition, the indictment charges Christensen with two counts of making false statements to FBI agents in June 2017.

 

Acting U.S. Attorney Patrick D. Hansen and FBI Special Agent in Charge Sean Cox, Springfield Division, announced the indictment return.

 

Christensen was previously indicted on the charge of kidnapping in that Christensen allegedly kidnapped and held Yingying Zhang, identified as Y.Z. in the indictment, on June 9, and that he used a cellular telephone and Saturn Astra motor vehicle, both instruments of interstate commerce, to commit and in furtherance of the commission of the offense; the superseding indictment adds the allegation that the kidnapping resulted in the death of Zhang. If convicted, for kidnapping resulting in death, the penalty is death or mandatory life in prison.

 

The decision as to whether the government seeks the death penalty rests solely with the U.S. Attorney General. The Department of Justice has established federal death penalty procedures. The procedures include a review process conducted by the department’s Capital Case Section. The decision-making process remains confidential until the U.S. Attorney General makes a decision as to whether or not to seek the death penalty.

 

The superseding indictment returned today alleges special findings including:  that Christensen was more than 18 years of age at the time of the offense; that the defendant intentionally killed the victim; that the defendant intentionally inflicted serious bodily injury that resulted in the death of the victim; that the defendant intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, and the victim died as a direct result of the act; and, that the defendant intentionally and specifically engaged in an act of violence, knowing that the act created a grave risk of death to a person, such that participation in the act constituted a reckless disregard for human life and the victim died as a direct result of the act. 

 

As to the charge that the kidnapping resulted in the death of Yingying Zhang, the indictment alleges special findings that Zhang’s death occurred during the commission of a kidnapping; that Christensen committed the offense in an especially heinous, cruel or depraved manner, in that it involved torture or serious physical abuse to the victim; and, that Christensen committed the offense after substantial planning and premeditation to cause the death of a person.

 

In addition to the offense of kidnapping resulting in death, the superseding indictment charges Christensen with making false statements to the FBI on two occasions. On June 12, the indictment alleges that Christensen falsely stated to FBI agents that he stayed at his apartment and slept and played video games all day on June 9, 2017, when he knew full well that he drove around the University of Illinois campus on the afternoon of June 9, and picked up Zhang as she was waiting for a bus. The indictment alleges that on June 15, Christensen falsely told an FBI agent that he dropped off an Asian female in a residential area shortly after picking her up in his Saturn Astra on June 9, when he knew full well that he did not drop the female off shortly after picking her up, but instead, took her back to his apartment.

 

If convicted of making false statements to federal law enforcement agents, each offense is punishable by up to five years in prison.

 

The date for Christensen to appear in federal court for arraignment on the superseding indictment will be scheduled by the U.S. Clerk of the Court in Urbana.

 

Christensen was arrested and charged by criminal complaint on June 30. On July 5, U.S. Magistrate Judge Eric I. Long ordered that Christensen remain detained in the custody of the U.S. Marshals Service pending trial. On July 12, the grand jury returned the initial indictment of Christensen. The pending trial date for Christensen is Feb. 27, 2018, in Urbana.

 

The Federal Bureau of Investigation and the University of Illinois Police Department are conducting the investigation.

 

Assistant U.S. Attorneys Bryan D. Freres and Eugene L. Miller are representing the government on behalf of the U.S. Attorney’s Office, Urbana Division.

 

Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.

Sandoval County Man Pleads Guilty to Federal Conspiracy and Commercial Robbery Charges

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ALBUQUERQUE – Cruz Abeita, 27, of Algodones, N.M., pled guilty today in federal court in Albuquerque, N.M., to conspiracy and violating the Hobbs Act.  The charges arise out of the Dec. 30, 2016, robbery of the Dancing Eagle Travel Center in Cibola County, N.M.  Under the terms of his plea agreement, Abeita will be sentenced within the range of 84 to 120 months in prison followed by a term of supervised release to be determined by the court.

 

Abeita was arrested in Feb. 2017, on an indictment charging him with being a felon in possession of a firearm on Feb. 4, 2016, in Cibola County.  According to the indictment, Abeita was prohibited from possessing firearms or ammunition because he was previously convicted of false imprisonment.

 

During today’s proceedings, Abeita pled guilty to a felony information charging him with conspiracy and violating the Hobbs Act by robbing a business engaged in interstate commerce.  In entering the guilty plea, Abeita admitted that on Dec. 30, 2016, he entered the Dancing Eagle Travel Center in Cibola County, with an associate and demanded that the cashier give him money from the cash register, and threatened the cashier with an Airsoft replica pistol that appeared to be a real firearm.  Abeita remains in custody pending a sentencing hearing, which has yet to be scheduled.

 

This case was investigated by the Albuquerque office of the FBI, the Laguna/Acoma Agency of the BIA’s Office of Justice Services, and the Laguna Police Department.  Assistant U.S. Attorney Michael D. Murphy is prosecuting the case.

Rosebud Man Sentenced for Assaulting, Resisting, and Impeding a Federal Officer

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United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on October 2, 2017, by U.S. District Judge Roberto A. Lange.

Justin Fast Horse, age 21, was sentenced to 9 months in custody followed by 2 years of supervised release.  Fast Horse was also ordered to pay restitution in the amount of $6,883.99, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Fast Horse was indicted by a federal grand jury on March 15, 2017.  He pled guilty on July 6, 2017.

The conviction stemmed from an incident that occurred on the evening of March 3, 2017, near Okreek, South Dakota.  Fast Horse was driving a pickup with two other men, one of whom was the owner of the pickup.  At one point, the other two men exited the vehicle, and Fast Horse drove away.  The vehicle was then reported stolen.  The vehicle was spotted a short time later in Mission, by a Rosebud Sioux Tribe police officer, who attempted to initiate a traffic stop.  Fast Horse refused to stop and led police on a high-speed chase in and around Mission.  After driving over a spike strip and running into a parked vehicle, Fast Horse backed the pickup into the front end of a patrol vehicle.  Fast Horse, who was intoxicated, was subsequently arrested, at which time he spat at one of the police officers. 

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Kirk Albertson prosecuted the case.

Fast Horse was immediately turned over to the custody of the U.S. Marshals Service.

Akron drug dealer pleads guilty to federal drug and gun crime

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CHARLESTON, W.Va. – An Akron man pleaded guilty today to a federal drug crime and a federal gun crime, announced United States Attorney Carol Casto. Lonnie Brown, 46, entered his guilty plea to distribution of fentanyl. In a separate proceeding, Brown also pleaded guilty to being a felon in possession of a firearm.

 

On September 26, 2016, officers with the Charleston Police Department conducted a traffic stop on a Honda Accord in Charleston. Brown fled the vehicle on foot. During a search of the vehicle, officers located a Glock, Model 27, .40 caliber semi-automatic pistol in the floorboard where Brown had been sitting. Brown was prohibited from possessing any firearm under federal law because of a 2015 felony conviction in Montgomery County, Ohio, for possession of heroin.

 

On February 15, 2017, agents with the Metropolitan Drug Enforcement Network Team used a confidential informant to make a controlled drug buy from Brown. The drug deal occurred at 602 Randolph Street in Charleston, and the substance recovered by law enforcement from the confidential informant tested positive for fentanyl. As part of the plea agreement, Brown admitted to all the drug trafficking activity charged in the indictment, including that he distributed heroin and fentanyl in Charleston on three other occasions in 2016 and 2017. 

 

Brown faces up to 20 years in federal prison for the drug charge and up to 10 years in federal prison for the gun charge when he is sentenced on January 11, 2018.

 

The Metropolitan Drug Enforcement Network Team, the Kanawha County Sheriff’s Department’s STOP Team, the Charleston Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigations. Assistant United States Attorney Stephanie S. Taylor is handling the prosecution. The plea hearings were held before United States District Judge Joseph R. Goodwin.

 

The drug prosecution is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District. The gun case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.

Lower Brule Man Sentenced for Robbery

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United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man convicted of Robbery was sentenced on October 2, 2017, by U.S. District Judge Roberto A. Lange.

Kyle Flute, a/k/a Kyle Pretty Sounding Flute, age 29, was sentenced to 102 months in custody, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.  Restitution has been left open for 45 days.

Flute was indicted by a federal grand jury on March 22, 2016.  He pled guilty on July 7, 2017.

The conviction stems from an incident on Friday March 4, 2016, when the victim was closing up the Trading Post in Lower Brule, shortly after 10:00 p.m.  She was on the phone with her boyfriend when he heard her scream, some scuffling, and the line go dead.  He tried calling her back but was unsuccessful. Her boyfriend called law enforcement, and the Bureau of Indian Affairs and Lyman County Sheriff responded. 

When they arrived at the Trading Post, law enforcement found the victim in her car, covered in blood. They also recovered a wooden board with blood on it.  The victim was transported to the emergency room at the Chamberlain hospital, and on to Sioux Falls due to her injuries.  She suffered a fractured orbital, bleeding on the brain, and staples were required to close the wound to her head.  The victim was interviewed and stated she had closed the store, put the cash and checks into a Wells Fargo money bag, and was locking up the store while on the phone with her boyfriend.  She walked to her car and was unlocking it, when she was struck from behind with a hard object.  She was hit several times and fell to the ground.  She tried to kick and push her assailant(s) away.  She was able to get in the car, and the suspect(s) fled with the money bag.

Officers followed up on many leads, including the defendant, Kyle Flute. Flute admitted to assaulting the victim by hitting her several times with the wooden board about her head and body. He stated he has a terrible meth problem and just wanted the money for drugs. 

“We are seeing an increasing number of drug related crimes, where the assailant commits a violent crime to help feed their drug problem,” said U.S. Attorney Seiler. “We are aggressively prosecuting these cases where violence and drug use go hand in hand.  It will be not be tolerated.”

This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Lower Brule Agency.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

Flute was immediately turned over to the custody of the U.S. Marshals Service.

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