Category: Legal Issues

Source: United States Attorneys General 7

Louisville, KY – A federal grand jury returned an indictment yesterday charging Maximiliano Gutierrez, Mario Guzman and Alfredo Lira with conspiring to possess with the intent to distribute cocaine.

U.S. Attorney Michael A. Bennett of the Western District of Kentucky, Special Agent in Charge J. Todd Scott of the DEA Louisville Field Division, and Chief Richard Sanders of the Jeffersontown Police Department made the announcement.

According to the indictment, Maximiliano Gutierrez, 49, of San Ygnacio, Texas, Mario Guzman, 48, of Broken Arrow, Oklahoma, and Alfredo Lira, 38, of Laredo, Texas were charged with one count of conspiracy to possess with the intent to distribute five kilograms or more of cocaine.

The defendants will be arraigned a later date before a U.S. Magistrate Judge of the U.S. District Court for the Western District of Kentucky. If convicted, each defendant faces a sentence of not less than 10 years and a maximum of life in prison. A federal district court judge will determine any sentence after considering the sentencing guidelines and other statutory factors. There is no parole in the federal system.

This case is being investigated by the DEA and the Jeffersontown Police Department.

This case is being prosecuted by Assistant United States Attorney Josh Porter.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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Source: United States Attorneys General 7

Louisville, KY – A federal grand jury in Louisville, Kentucky returned an indictment today charging a local man with multiple business robberies.

U.S. Attorney Michael A. Bennett of the Western District of Kentucky and Chief Erika Shields of the Louisville Metro Police Department made the announcement.

According to court records, Samuel Harding, 49, of Louisville, was charged with five counts of interference with commerce by robbery, and five counts of brandishing a firearm during and in relation to a crime of violence.

The defendant is currently in custody on state charges and will be arraigned in the United States District Court for the Western District of Kentucky once he is transferred to federal custody. If convicted of a business robbery, he faces a maximum sentence of 20 years in prison. If convicted of brandishing a firearm during and in relation to a business robbery, he faces a minimum sentence of 7 years and maximum sentence of life in prison to run consecutively with all other sentences. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. There is no parole in the federal system.

The Louisville Metro Police Department and the Shively Police Department are investigating the case.

Special Assistant U.S. Attorney Emily Lantz is prosecuting the case.   

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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Source: United States Attorneys General 7

LONDON, Ky. – A Nashville, Tenn., man, Marlon Jermaine Johnson, 39, was sentenced Tuesday to 25 years in federal prison, by U.S. District Judge Claria Horn Boom, for possession with intent to distribute 500 grams or more of methamphetamine, possession of a firearm in furtherance of drug trafficking, and possession of a firearm as a convicted felon.           

According to evidence at trial, on November 18, 2019, Johnson led law enforcement officers with the Knox County Sheriff’s Department on a high-speed chase, through residential streets in Corbin, before crashing into a gate and a parked car.  Johnson then fled on foot, into a cemetery, where he was ultimately apprehended.  During a search of his vehicle, law enforcement located more than a kilogram of methamphetamine and a loaded firearm.

Johnson was convicted in July 2022.

Under federal law, Johnson must serve 85 percent of his prison sentence.  He will be under the supervision of the U.S. Probation Office for five years after his release from prison. 

Carlton S. Shier IV, United States Attorney for the Eastern District of Kentucky; J. Todd Scott, Special Agent in Charge, DEA Louisville Field Division; and Sheriff Mike Smith, Knox County Sherriff’s Office, jointly announced the sentence. 

The investigation was conducted by the Drug Enforcement Administration, the Knox County Sheriff’s Office, and Operation UNITE.  The United States was represented by Assistant U.S. Attorney Andrew Trimble.

This case was prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities.  It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts.  In the Eastern District of Kentucky, U.S. Attorney Shier coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

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Source: United States Attorneys General 7

A Waterloo man who purchased at least 38 guns for other people was sentenced November 8, 2022, to over six years in years in federal prison. 

Joshua William Butler, age 35, from Waterloo, Iowa, received the prison sentence after a May 3, 2022 guilty plea to false statement during purchase of a firearm and possession of a firearm by a drug user.

Evidence at the plea and sentencing hearings showed that in 2020, Butler purchased at least 38 firearms from different retailers in the Waterloo and Cedar Falls area. When Butler filled out the forms to purchase the firearms, he indicated that the guns were for him and that he did not use controlled substances.  However, it was later determined that Butler purchased the firearms for others.  In January 2021, police officers searched Butler’s Waterloo residence.  During their search, officers found a Glock 9mm firearm, ammunition, a 33-round extended magazine, marijuana, and 62 ecstasy pills.  The Glock 9mm had a serial number that someone had attempted to scratch off.  Officers also searched a storage unit belonging to Butler and found another gun.  Officers believe that only ten of the firearms purchased by Butler have been recovered.  The majority of the firearms were recovered in the Chicago area.  Many of the firearms were recovered from people who were lawfully prohibited from possessing firearms, including one individual who was out on bond at the time for murder charges.

“Keeping guns out of the hands of criminals saves lives. Our partners in this case, the ATF, FBI, and the Waterloo Police Department, successfully devoted their time and effort to put an end to Butler’s illegal activities,” said United States Attorney Timothy Duax.  “As a result, our community is safer. To those who would act as straw purchasers and provide guns to convicted criminals, I can only say look at Mr. Butler, and ask whether you want to share his fate. The United States Attorney’s Office, its law enforcement partners, and the law-abiding public are committed to enforcing our firearms laws, and keeping guns out of the hands of violent criminals.”

ATF Special Agent in Charge, Fred Winston said: “Firearms trafficking is never a victimless crime and this case highlights ATF’s commitment to restrict the flow of firearms to the violent criminals.  There is no way to know the number of violent crimes that were prevented by disrupting Mr. Butler’s firearms trafficking scheme, but we do know that this investigation not only put a trafficker behind bars, but also made our communities safer by limiting criminals access to firearms.”

Butler was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Butler was sentenced to 78 months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term and pay a $100 special assessment fee.  There is no parole in the federal system.

The case was prosecuted by Assistant United States Attorneys Ashley Corkery and Kyndra Lundquist.  This case was brought as part of Project Safe Neighborhoods (PSN) through a cooperative effort of the Waterloo Police Department, FBI Safe Streets Task Force, and the Bureau of Alcohol, Tobacco, Firearms & Explosives.  PSN is 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.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 21-CR-2020.

Follow us on Twitter @USAO_NDIA.

Source: United States Attorneys General 11

A Lancaster man who sold more than 50 guns without a license pleaded guilty yesterday to a federal firearm crime, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.

Armani Morris, 22, was arrested following an undercover gun buy in July 2022 and indicted in August. He pleaded guilty Tuesday to engaging in the business of selling firearms without a license before U.S. Magistrate Judge Rebecca Rutherford.

“Federal law requires firearms dealers to be licensed – and, crucially, to run background checks on their buyers. Subverting these laws allows guns to fall into the wrong hands, endangering the public,” said U.S. Attorney Leigha Simonton. “Despite being warned that his conduct was unlawful, this defendant brazenly continued selling to anyone who would buy. Let there be no mistake: The Justice Department will aggressively pursue anyone who flouts federal firearm laws.”   

“Today was a victory for law enforcement and the citizens of North Texas. Mr. Morris knew the law. Mr. Morris knew the procedures to become a licensed firearms dealer. Mr. Morris chose to ignore them all and continue to deal firearms illegally. I hope this serves as an example for all those who choose to sell firearms around the laws. ATF and its partners will investigate you and you will be prosecuted,” stated ATF Dallas Field Division Special Agent in Charge Jeffrey C. Boshek II. 

According to plea papers, Mr. Morris admits that between 2021 and 2022, he sold at least 52 firearms despite the fact that he did not have a license to engage in the business of dealing in firearms.  

(Federal law requires that people engaged in the business of dealing in firearms – defined as repeatedly devoting time and attention to purchasing and reselling guns for monetary gain – obtain Federal Firearms Licenses, or FFLs, and run background checks on potential buyers.)

On Dec. 16, 2021, ATF agents served Mr. Morris with an administrative cease-and-desist letter that explained firearms licensing laws so that Morris would know that his conduct was illegal.  However, Morris continued to purchase and sell firearms. 

On April 7, 2022,  ATF Special Agents met with Morris at his residence, where he acknowledged that he read the cease-and-desist letter but asserted he did not want to sign it.  When agents confronted Morris with evidence of 54 firearm purchases, Morris could fully account for only two of the guns.  Morris also admitted to agents that he had spent all his income on firearms while he sought to sell them for a profit. However,  Morris admitted that dealing in firearms was turning out to be a bad investment.

Despite continued warnings from law enforcement, Morris continued to deal firearms without a license. ATF then proceeded with an undercover investigation.  On four separate occasions in the summer of 2022, undercover agents purchased from Morris a total of seven firearms, including two AR-type pistols, a Smith & Wesson 9mm pistol, and a Glock 9mm pistol and with a Glock switch that made the Glock fire fully automatic as a machinegun.

Mr. Morris now faces up to five years in federal prison.

The Bureau of Alcohol, Tobacco, Firearms & Explosives’ Dallas Field Division and the Dallas Police Department conducted the investigation. Assistant U.S. Attorney Walt Junker is prosecuting the case.

Source: United States Attorneys General 11

A San Diego man who killed his boyfriend by stabbing him 93 times was sentenced today to life in federal prison, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.

Alexander Yoichi Duberek, 25, was indicted in September 2021. He pleaded guilty in July 2022 to one count of interstate domestic violence resulting in death and was sentenced Thursday by U.S. District Judge James Wesley Hendrix.

“This defendant looked his boyfriend’s family in the eyes and described the date night he had planned for the two of them. But instead of providing a romantic evening, he carried out a sadistic, premeditated plan to take the life of a 30-year-old man and callously dispose of his body,” said U.S. Attorney Leigha Simonton. “I cannot imagine the horror for this victim and his family. We are proud to bring this killer to justice.”

According to plea papers, Mr. Duberek admitted that on Oct. 31, 2020, he traveled from his home in San Diego to his boyfriend’s home in Plainview, Texas, where he committed the fatal stabbing on the side of a rural farm road.

Mr. Duberek admitted that after arriving at the Lubbock airport that evening, he took a cab to a Sam’s Club parking lot, where he purchased a Toyota Camry for $3,000 cash. He then drove to a Walmart, where he purchased a knife, a hatchet, a gas can, a collapsible shovel, a head lamp, a change of clothing, boots, personal hygiene items, and a first aid kit.

At Thursday’s sentencing hearing, prosecutors said that when Mr. Duberek arrived at his boyfriend’s house, he told his boyfriend’s family that he planned to take him out to eat and then to a local hotel room to spend the night.

Instead, he killed the 30-year-old and dumped the body.  

Following the murder, Mr. Duberek fled to Houston, where he sold the vehicle used in the murder to an individual outside an auto auction. Investigators later searched the vehicle and found blood in the back seat that matched the victim.

The defendant remained at large for roughly five months before turning himself in to San Diego law enforcement on March 18, 2021. While being booked into jail, he was asked about a tattoo of his boyfriend’s first name on his ring finger; he answered that it was the name of the person he had killed.

“After viciously attacking him, the defendant left this wonderful human life, who he reportedly loved and wanted to marry, on the side of the road, like yesterday’s trash, like his life didn’t matter, to bleed to death,” the victim’s aunt said at the sentencing. “Why would he extinguish a light that shone so brightly for so many? Why didn’t he just stay in California, move on with his life?”

The Hale County Sheriff’s Office, the Texas Rangers, and the Federal Bureau of Investigation’s Dallas and San Diego Field Offices conducted the investigation with the assistance of the U.S. Secret Service’s Dallas Field Office and the Texas Highway Patrol’s Houston Division.  Assistant U.S. Attorney Callie Woolam prosecuted the case.

Source: United States Attorneys General 11

RAPID CITY – United States Attorney Alison J. Ramsdell announced today that United States District Judge Karen E. Schreier has sentenced a Rapid City, SD, woman convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on August 11, 2023.

Brook Staeffler, 38, 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.

Staeffler was indicted for three counts of Conspiracy to Distribute a Controlled Substance (methamphetamine, heroin, and fentanyl) and Money Laundering by a federal grand jury in December 2021. She pleaded guilty on May 24, 2023.

Starting around February 2020, Staeffler began getting controlled substances from Colorado, along with her husband.  They brought methamphetamine, heroin, and fentanyl pills to South Dakota personally or by others through arrangements with Staeffler. Once the methamphetamine and other substances arrived in the Rapid City area, the Staeffler dispersed them to others for use and distribution. Overall, Staeffler was responsible for at least 1.29 kilograms of methamphetamine, 857.5 grams of fentanyl, and 860.5 grams of heroin. As part of the conspiracy, Staeffler established a false business, “Bscene,” with her husband to launder the proceeds of their sales of the controlled substances. Between July 2020 and October 2021, Staeffler and her husband moved over $94,000 in cash related to their drug distribution efforts through their bank accounts.

This case was investigated by 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.

Staeffler was immediately remanded to the custody of the U.S. Marshals Service.

Source: United States Attorneys General 11

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.

Source: United States Attorneys General 11

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.

Source: United States Attorneys General 11

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.