United States Attorney Joe Kelly announced that on January 23, 2020, Chief United States District Judge John M. Gerrard sentenced Marvin Moua and Meng Her to terms of imprisonment of 151 months and 37 months, respectively.  Moua, 35, and Her, 38, conspired together and with others to transport narcotics including methamphetamine, marijuana, and psilocybin mushrooms from California to Nebraska, and then distributed the drugs in Nebraska, Iowa, and in other states.  Billy Fang is a remaining co-conspirator in the case and will be sentenced at a later date.

In early 2019, investigators learned that a mobile home in Omaha was being used by the drug trafficking organization to package narcotics for further distribution.  Investigators thereafter identified several members of the group and determined that they also used residences in Storm Lake, Iowa.  Over the course of the investigation, agents obtained warrants to search the residences in Omaha and Storm Lake.  On May 2, 2019, investigators recovered close to five pounds of methamphetamine from a suitcase inside a residence in Storm Lake.  Investigators also seized approximately 74 pounds of marijuana and a stolen firearm within a second residence, as well as baggies of methamphetamine and marijuana, two AR-15-style rifles, and a Glock handgun inside a car parked inside an enclosed garage. 

The case was investigated by the Drug Enforcement Administration, Omaha Field Division, the Iowa Division of Narcotics Enforcement, and the Storm Lake (Iowa) Police Department.

United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 29 indictments charging 32 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.

*          Pedro Aguirre-Ortiz, age 25, is charged in a four-count Indictment.  Count I of the Indictment charges the defendant with distribution of 50 grams or more of methamphetamine (actual) on October 16, 2018.  The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment.  Counts II, III and IV of the Indictment charge the defendant with distribution of cocaine.  The maximum possible penalty for each if convicted is 20 years’ imprisonment, $1,000,000 fine, 3-year term of supervised release, and a $100 special assessment.

*          Agustin Argueta Saenz, age 46, is charged with illegal reentry after deportation following a felony conviction on or about April 22, 2019.  The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.

*          Antonio Bertucci, age 28, of Macy, Nebraska, is charged in a three-count Indictment.  Count I of the Indictment charges the defendant with felon in possession of ammunition on or about February 2, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.  Count II of the Indictment charges the defendant with possession of ammunition after a conviction for domestic violence on or about February 2, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.  Count III of the Indictment charges the defendant with domestic assault by a habitual offender on or about February 2, 2019. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.

*          Cristobal Calixto-Angel, age 35, is charged with illegal reentry after deportation on or about August 20, 2018, following an aggravated felony conviction.  The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. 

*          Jose Ivan Contreras-Gomez, age 30, is charged in a five-count Indictment.  Count I of the Indictment charges the defendant with possession with intent to distribute of 50 grams or more of methamphetamine (actual) on September 5, 2018.  The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment.  Count II of the Indictment charges the defendant with distribution of cocaine on August 16, 2018.  The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, 3-year term of supervised release, and a $100 special assessment.  Count III of the Indictment charges the defendant with distribution of cocaine on August 30, 2018.  The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, 3-year term of supervised release, and a $100 special assessment.  Count IV of the Indictment charges the defendant with possession with intent to distribute of 500 grams or more of cocaine on April 25, 2019.  The maximum possible penalty if convicted is 40 years’ imprisonment, $15,000,000 fine, 4-year term of supervised release, and a $100 special assessment.  Count V of the Indictment charges the defendant with possession of a firearm during a drug trafficking offense on or about April 25, 2019.  The maximum possible penalty if convicted is Life consecutive imprisonment, $250,000 fine, a 5-year term of supervised release, and $100 special assessment.  There is also an allegation to forfeit United States currency seized on or about April 25, 2019.     

*          Anthony Jordan Cook, age 28, of Walthill, Nebraska, is charged in a two-count Indictment.  Count I of the Indictment charges the defendant with assault of an intimate partner by strangulation or suffocation on or about March 19, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.  Count II of the Indictment charges the defendant with domestic assault by a habitual offender on or about March 19, 2019. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.

*          Luis Alberto Dias Solis, age 40, is charged with illegal reentry after deportation on or about March 5, 2019.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Trent Duckworth, age 31, is charged with felon in possession of ammunition on or about April 29, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. 

*          Pedro Gerardo Escobar Oxlaj, age 35, is charged with illegal reentry after deportation on or about April 14, 2019.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Billy Fang, age 28, Marvin Moua, age 34, and Meng Her, age 37, are charged with conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine, psilocybin, and marijuana on February 1, 2019 and continuing to on or about May 2, 2019.  The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment. 

*          Santiago Figueroa-Perez, age 46, is charged in a three-count Indictment.  Count I of the Indictment charges the defendant with false representation of a social security number on or about September 22, 2018.  The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.  Count II of the Indictment charges the defendant with falsely claiming to be a U.S. citizen for employment on or about September 22, 2018.  The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.  Count III of the Indictment charges the defendant with illegal reentry after deportation on or about April 25, 2019.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Todd Fundermann, age 36, of Loveland, Colorado, is charged in a two-count Indictment.  Count I of the Indictment charges the defendant with possession with intent to distribute methamphetamine on or about April 1, 2019.  The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, 3-year term of supervised release, and a $100 special assessment.  Count II of the Indictment charges the defendant with felon in possession of a firearm on or about April 1, 2019.  The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a 3-year term of supervised release, and $100 special assessment.

*          Diego Garcia-Bernabe, age 33, is charged with illegal reentry after deportation on or about April 17, 2019.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Juan Carlos Guzman, age 28, of Grand Island, Nebraska, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about December 21, 2018.  The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment. 

*          Thomas N. Keller, age 36, of Decatur, Nebraska, is charged with felon in possession of ammunition on or about May 4, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. 

*          Dennis Chebon Kibowen, age 24, of Council Bluffs, Iowa, is charged with false claim of citizenship on or about March 13, 2018.  The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. 

*          Alexander M. Kingston, a/k/a Alexander M. Caron, age 27, is charged in a two-count Indictment.  Count I of the Indictment charges the defendant with enticement of a minor on or about March 29, 2019. The maximum possible penalty if convicted is 10 years’ to Life imprisonment, a $250,000 fine, a 5-year to Life term of supervised release, $100 special assessment and a $5,000 additional special assessment.  Count II of the Indictment charges the defendant with travel with intent to engage in illicit sexual conduct on or about April 19, 2019. The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, a 5-year to Life term of supervised release, $100 special assessment and a $5,000 special assessment.

*          Timothy J. Kirsch, age 35, of Omaha, is charged in a four-count Indictment.  Count I of the Indictment charges the defendant with sexual exploitation of children with a prior conviction on or about December 14, 2018 and January 20, 2019. The maximum possible penalty if convicted is a minimum of 25 years’ to 50 years’ imprisonment, a $250,000 fine, a 5-year to Life term of supervised release, $100 special assessment and a $5,000 additional special assessment.  Count II of the Indictment charges the defendant with enticement on or about December 14, 2018 and January 20, 2019. The maximum possible penalty if convicted is 10 years’ to Life imprisonment, a $250,000 fine, a 5-year to Life term of supervised release, $100 special assessment and a $5,000 special assessment.  Count III of the Indictment charges the defendant with receipt of child pornography, with a prior conviction, on or about December 14, 2018 and January 20, 2019. The maximum possible penalty if convicted is 15 to 40 years’ imprisonment, a $250,000 fine, a 5-year to Life term of supervised release, $100 special assessment and a $5,000 special assessment.  Count IV of the Indictment charges the defendant with possession of child pornography, with a prior conviction, on or about December 14, 2018 and January 20, 2019. The maximum possible penalty if convicted is 10 to 20 years’ imprisonment, a $250,000 fine, a 5-year to Life term of supervised release, $100 special assessment and a $5,000 special assessment.

*          Gerardo Lugo-Para, age 31, is charged with illegal reentry after deportation following a felony conviction on or about April 28, 2019.  The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.

*          Orlando Miranda De La Cruz, age 35, is charged with illegal reentry after deportation on or about May 13, 2019.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Katerina Parker, age 26, is charged with false declarations before a Grand Jury on or about April 17, 2019.  The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.

*          Antonio Robinson, age 32, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about March 21, 2019.  The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment. 

*          Jesus Efrain Ron-Torres, age 27, is charged with illegal reentry after deportation on or about May 10, 2019.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Nereus S. Sutko, age 38, of Omaha, is charged in a ten-count Indictment.  Counts I-X of the Indictment charge the defendant with Healthcare Fraud on or about October 30, 2014 and continuing through November 29, 2017.  The maximum possible penalty if convicted is 10 years’ imprisonment on each count, a $250,000 fine on each count, a 3-year term of supervised release on each count, and a $100 special assessment on each count.

*          Rose Marie Tatum Terry, age 57, of David City, Nebraska, is charged in a three-count Indictment.  Count I of the Indictment charges the defendant with false statement in application and use of a passport on or about May 14, 2016.  The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.  Count II of the Indictment charges the defendant with fraudulent use of social security number on or about March 7, 2018.  The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.  Count III of the Indictment charges the defendant with fraudulent use of social security number on or about May 2, 2018.  The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.

*          Miguel Tercero-Bernabe, age 43, is charged with illegal reentry after deportation following a felony conviction on or about April 19, 2019.  The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.

*          Maria Tziquin-Calvo, age 38, is charged in a three-count Indictment.  Count I of the Indictment charges the defendant with false representation of a social security number on or about November 8, 2017.  The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.  Count II of the Indictment charges the defendant with falsely claiming to be a U.S. citizen for employment on or about November 8, 2017.  The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.  Count III of the Indictment charges the defendant with illegal reentry after deportation on or about February 2, 2018.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Justin Zambrowski, age 42, of Scottsbluff, and Rachael Wasserburgr, age 23, of Box Elder, South Dakota, are charged with possession with intent to distribute 50 grams or more of methamphetamine on or about March 20, 2019.  The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, 4-year term of supervised release, and a $100 special assessment. 

*          Sarah Waugh, age 29, of North Platte, Nebraska, is charged with possession with intent to distribute methamphetamine on or about March 13, 2019.  The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, 3-year term of supervised release, and a $100 special assessment.