January Grand Jury

            United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 32 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.

*          Gilberto Acero-Garcia, age 38, of Fremont, Nebraska, is charged in a three-count indictment.  Count I of the indictment charges Acero-Garcia with misuse of a Social Security Number on or about December 4, 2012.  The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100.  Counts II and III charge that between on or about January 1, 2010, and up to and including January 16, 2013, and between January 1, 2011, and up to and including January 16, 2013, respectively, Acero-Garcia harbored illegal aliens in the United States for the purpose of commercial advantage and private gain, by employing the illegal aliens at DCS Sanitation Management, Inc.  The maximum possible penalty for each count includes 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.  

*          Cory D. Allemang, age 38, of Clearwater, Nebraska, is charged in a three count indictment.  Counts 1 and 2 of the indictment charge that on or about December 13, 2011, and between on or about November 2, 2011, and on or about January 6, 2012; respectively, Allemang sold approximately 300 pounds of sausages and approximately 400 pounds of beef jerky, by representing that the meat products had been inspected by the United States Department of Agriculture (USDA), when in fact, the meat products had not been inspected or passed by the USDA.  The maximum penalty for each of these counts include imprisonment of 3 years, a fine of $250,000, 1 year supervised release, and a special assessment of $100.  Count 3 of the indictment charges that on or about February 3, 2012, Allemang represented that various deer meat products had been inspected and passed by USDA, when in fact, the deer meat products had not been inspected or passed by USDA.  The maximum penalty for this count includes imprisonment of 1 year, a fine of $100,000, 1 year supervised release, and a special assessment of $100.

*          Jossue Gabriel Alva-Perez, age 19, of LaVista, is charged in the first count of an indictment with production of child pornography on or about January 3, 2013.  The maximum possible penalty for this count includes imprisonment of not less than 15 years or more than 30 years, a $250,000 fine, 5 years of supervised release, and a $100 special assessment.  Count II charges Alva-Perez with receipt and distribution of child pornography from on or about October 18, 2012, and continuing through January 8, 2013.  If convicted, the maximum possible penalty includes imprisonment of not less than 5 years or more than 20 years, a fine of $250,000, supervised release for life, and a $100 special assessment.  Alva-Perez is charged in Count III with possession of child pornography from on or about January 14, 2013.  The maximum possible penalty for this count includes imprisonment of 10 years, a $250,000 fine, supervised release for life, and a $100 special assessment. 

*          Margarito Banuelos-Muro, age 38, of Mitchell, Nebraska, is charged with illegal reentry into the United States on or about December 12, 2012, following deportation as an aggravated felon.  The maximum possible penalty if convicted includes imprisonment of 20 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.

*          Alex M. Castro-Funes, age 24, is charged with distributing 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine on or about October 15, 2012. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment.

*          Mayra Cortes-Flores, age 31, of Omaha, is charged in a two-count indictment.  Count I of the indictment charges Cortes-Flores with misuse of a Social Security Number on or about August 31, 2010.  The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100.  Count II charges that on or about August 31, 2010, Cortes-Flores misused a Social Security Card and a Nebraska Identification Card knowing that said documents were not issued lawfully for his use.  The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. 

*          Arnoldo Agustin Escarsega Mendez, age 25, of Omaha, is charged with illegal reentry into the United States on or about January 9, 2013, following deportation as a felon.  The maximum possible penalty if convicted includes imprisonment of 10 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.

*          Daniel Galindo, age 18, is charged in a two count indictment. The Indictment alleges that on or about October 29, and November 7, 2012, the defendant distributed 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine. The maximum possible penalty for each count includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment.

*          Victor Garcia-Ochoa, age 32, also known as Eduardo Najera-Gonzalez, of Grand Island, Nebraska, is charged with illegal reentry into the United States on or about December 12, 2012, following deportation as an aggravated felon.  The maximum possible penalty if convicted includes imprisonment of 20 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.

*          Edgar Faustino Gonzalez-Garcia, age 25, is charged with illegal reentry into the United States on or about January 14, 2013, after deportation or removal.  The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.

*          William G. Hallowell, age 27, of Walthill, Nebraska, is charged in a one-count indictment.  Count I alleges that on or about July 7, 2012, Hallowell broke into a residence in Walthill, Nebraska, within the Omaha Indian Reservation, with the intent to steal electronic equipment and other property.  The maximum penalty includes imprisonment of 10 years, a fine of $250,000, 3 years supervised release, and a special assessment of $100. 

*          Marquis Harrington, age 44, of Omaha, is charged with one count of mail fraud from on or about February 1, 2008.  The indictment alleges Harrington fraudulently obtained housing assistance from the Douglas County Housing Authority by submitting an application that intentionally misrepresented the number of children living with him, his income, and his place of residence.  The maximum possible penalty for this count includes imprisonment of 20 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.  Count II of the indictment charges that on or about February 29, 2008, Harrington made a false statement to HUD.  Harrington made a false statement for the purpose of obtaining a loan and advance of credit from JP Morgan Chase Bank, with the intent that this loan and advance be offered and accepted by HUD for insurance.  The maximum possible penalty for this count includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.  

*         Jose Hernandez-Leon, age 24, of Columbus, Nebraska, is charged with illegal reentry into the United States on or about December 13, 2012, following deportation as an aggravated felon.  The maximum possible penalty if convicted includes imprisonment of 20 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.

*          Andres Hernandez-Martinez, is charged in a three-count indictment.  Count I of the indictment charges Hernandez-Martinez with misuse of a Social Security Number on or about October 3, 2012.  The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100.  Count II of the indictment alleges on or about October 3, 2012, Hernandez-Martinez made a false statement and claimed to be a United States citizen with the intent to receive Federal and State benefits and to be employed in the United States.  The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.  Count III charges that on or about October 3, 2012, Hernandez-Martinez misused a Social Security Card and a State of Texas Identification Card knowing that said documents were not issued lawfully for his use.  The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. 

*          Victor Ibanez-Barragan, age 33, of Omaha, is charged in a two-count indictment.  Count I of the indictment charges Ibanez-Barragan with misuse of a Social Security Number on or about June 28, 2011.  The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100.  Count II charges that on or about June 28, 2011, Ibanez-Barragan misused a Social Security Card knowing that said document was not issued lawfully for his use.  The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. 

*          Juan Jimenez-Ruiz, age 27, is charged in a three-count indictment.  Count I of the indictment charges Jimenez-Ruiz with misuse of a Social Security Number on or about August 2, 2009.  The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100.  Count II of the indictment alleges on or about August 2, 2009, Jimenez-Ruiz made a false statement and claimed to be a United States citizen with the intent to receive Federal and State benefits and to be employed in the United States.  The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.  Count III charges that on or about August 2, 2009, Jimenez-Ruiz misused a Social Security Card and a State of Kansas Identification Card knowing that said documents were not issued lawfully for his use.  The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. 

*          Luis Jordan, age 36, of Grand Island, is charged in a three count indictment. Counts I and II allege the defendant distributed 5 grams or more of actual methamphetamine on or about November 4, and November 8, 2011. The maximum possible penalty for each count includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment. Count III alleges that on or about October 20, 2012, the defendant possessed with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment. 

*          Ryan Keiter, age 25, of Lincoln, is charged in the first count of an indictment with receipt and distribution of child pornography from at least on or about October 24, 2008, and continuing to on or about April 13, 2012.  If convicted, the maximum possible penalty includes imprisonment of not less than 5 years or more than 20 years, a fine of $250,000, supervised release for life, and a $100 special assessment.  Keiter is charged in Count II with possession of child pornography from on or about April 13, 2012.  The maximum possible penalty for this count includes imprisonment of 10 years, a $250,000 fine, supervised release for life, and a $100 special assessment.  The indictment also alleges that property used or intended to be used as part of these violations should be forfeited to the United States.

*          Christopher Lewis, is charged with possession with intent to distribute 5 grams or more of actual methamphetamine on or about November 5, 2012. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment. The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violation alleged in the indictment, including but not limited to $848.00 in United States currency seized from the defendant on November 5, 2012, should be forfeited to the United States.

*          Carlos Linares-Valmores, age 27, is charged in a four-count indictment.  Count I of the indictment charges Linares-Valmores with misuse of a Social Security Number on or about August 9, 2012.  The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100.  Count II of the indictment alleges on or about August 9, 2012, Linares-Valmores made a false statement and claimed to be a United States citizen with the intent to receive Federal and State benefits and to be employed in the United States.  The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.  Count III charges that on or about August 9, 2012, Linares-Valmores misused a Social Security Card and a State of Iowa Identification Card knowing that said documents were not issued lawfully for his use.  The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.  Count IV of the indictment charges Linares-Valmores with illegal reentry into the United States on or about January 17, 2013, after deportation or removal.  The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.

*          Juan Luna-Ochoa, age 32, of Omaha, is charged with illegal reentry into the United States on or about December 14, 2012, after deportation or removal.  The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.

*          Darrin L. Mallatt, age 30, of Lincoln, is charged in the first count of an indictment with receipt and distribution of child pornography from at least on or about October 8, 2008, and continuing to on or about December 3, 2012.  If convicted, the maximum possible penalty includes imprisonment of not less than 5 years or more than 20 years, a fine of $250,000, supervised release for life, and a $100 special assessment.  Mallatt is charged in Count II with possession of child pornography from on or about December 3, 2012.   The maximum possible penalty for this count includes imprisonment of 10 years, a $250,000 fine, supervised release for life, and a $100 special assessment. 

*          Omar Manuel-Marcial, age 24, of Omaha, is charged with illegal reentry into the United States on or about January 1, 2013, after deportation or removal.  The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.

*          Rolando Mejia-Mendez, age 25, of Wakefield, Nebraska, is charged with illegal reentry into the United States on or about November 7, 2012, after deportation or removal.  The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.

*          Ismael Pena-Velazquez, age 35, of Omaha, is charged with illegal reentry into the United States on or about December 14, 2012, after deportation or removal.  The maximum possible penalty if convicted includes imprisonment of 2 years, a $250,000 fine, 1 year of supervised release, and a $100 special assessment.

*          Nick Reams, age 55, of St Paul, Nebraska, is charged with possession with intent to distribute 5 grams or more of actual methamphetamine on or about August 24, 2012. The maximum possible penalty includes imprisonment of not less than 5 years and up to 40 years, a $5 million fine, a 5 year term of supervised release and a $100 special assessment.

*          Ricardo Reyes, age 33, of Omaha, is charged in the first count of an indictment with receipt and distribution of child pornography from on or about October 11, 2012, and continuing through January 15, 2013.  If convicted, the maximum possible penalty includes imprisonment of not less than 5 years or more than 20 years, a fine of $250,000, supervised release for life, and a $100 special assessment.  Reyes is charged in Count II with possession of child pornography from on or before January 13, 2013.  The maximum possible penalty for this count includes imprisonment of 10 years, a $250,000 fine, supervised release for life, and a $100 special assessment. 

*          Jose Roman-Felix, age 27, of Omaha, is charged with illegal reentry into the United States on or about January 4, 2013, following deportation as an aggravated felon.  The maximum possible penalty if convicted includes imprisonment of 20 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.

*          Valentin Ruiz-Cajiga, age 28, is charged in a three-count indictment.  Count I of the indictment charges Ruiz-Cajiga with misuse of a Social Security Number on or about September 6, 2012.  The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100.  Count II of the indictment alleges on or about September 6, 2012, Ruiz-Cajiga made a false statement and claimed to be a United States citizen with the intent to receive Federal and State benefits and to be employed in the United States.  The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.  Count III charges that on or about September 6, 2012, Ruiz-Cajiga misused a Social Security Card and a State of Colorado Identification Card knowing that said documents were not issued lawfully for his use.  The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment. 

*          Santiago J. Tijerina, also known as Jimmy Ostos or Samuel Jimmy Ostos, of Lexington, Nebraska, is charged with failure to register as a Sex Offender in the State of Nebraska from between April, 2012, and December 22, 2012.  The maximum penalty for this count includes imprisonment of 10 years, a $250,000 fine, a term of supervised release for life, and a special assessment of $100.           

*          Todd Tingelhoff, age 46, of Omaha, is charged with possession with intent to distribute 50 grams or more of actual methamphetamine on or about December 27, 2012. The maximum possible penalty includes imprisonment of not less than 10 years and up to life years, a $10 million fine, a 5 year term of supervised release and a $100 special assessment. The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violation alleged in the indictment, including but not limited to $800.00 in United States currency seized from the defendant’s wallet and $7,705.00 in United States currency seized from a lockbox in the defendant’s vehicle, should be forfeited to the United States.

*          Juan Torres-Martinez, age 36, is charged in a three-count indictment.  Count I of the indictment charges Torres-Martinez with misuse of a Social Security Number on or about May 12, 2009.  The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, followed by a term of supervised release of 3 years, and a special assessment of $100.  Count II of the indictment alleges on or about May 12, 2009, Torres-Martinez made a false statement and claimed to be a United States citizen with the intent to receive Federal and State benefits and to be employed in the United States.  The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.  Count III charges that on or about May 12, 2009, Torres-Martinez misused a Social Security Card and a State of Kansas Identification Card knowing that said documents were not issued lawfully for his use.  The maximum possible penalty for this count includes imprisonment of 5 years, a $250,000 fine, 3 years of supervised release, and a $100 special assessment.