Activity in the U.S. Attorney's Office

Sexual Exploitation of a Child

Kyle Smith, age 33, of Sheridan, Wyoming, was sentenced on July 31, 2023, to 420 months’ imprisonment for sexual exploitation of children and attempted sexual exploitation of a child. U.S. District Court Judge Alan B. Johnson imposed the sentence which included fifteen years of supervised release, a $200 special assessment and $3,206.67 in restitution.

According to court documents, the case originated when Internet Crimes Against Children (ICAC) investigators received Cybertips from both Snapchat and Instagram for accounts that were associated with the defendant. While ICAC was investigating these Cybertips, police in Mansfield, Texas, were separately investigating Snapchat accounts linked to the defendant for soliciting child pornography and sextortion. ICAC agents obtained search warrants and discovered that Smith was messaging numerous underage girls over Snapchat and other applications. In the messages, Smith would threaten and manipulate the underage girls into producing child pornography for him. This case was investigated by the Wyoming Division of Criminal Investigation’s ICAC unit, the Mansfield (Tex.) Police Department, and Homeland Security Investigations. Assistant U.S. Attorney Z. Seth Griswold prosecuted the case. Case No. 22-CR-00137

Firearm Offenses

Luis Martinez-Garcia, age 36, a citizen of Mexico who was unlawfully in the United States, was sentenced on July 25, 2023, to 12 months’ probation with special conditions and a $100 special assessment for intending to transfer ammunition to a prohibited person. Chief U.S. District Court Judge Scott W. Skavdahl imposed the sentence. According to court documents, Martinez-Garcia was detained by the Mills Police Department after a traffic stop where he was in possession of a firearm and .40 caliber ammunition. When stopped, Martinez-Garcia was driving to a shooting range where he intended to give the ammunition to an acquaintance who was also not lawfully in the United States and therefore a person prohibited from possessing a firearm or ammunition under federal law. Martinez-Garcia was later taken into custody by the U.S. Immigration and Customs Enforcement in the Casper for having no legal status in the United States and indicted. This case was prosecuted by Assistant U.S. Attorney Michael J. Elmore. Case No. 23-CR-00035

Drug Trafficking

Derek Ascherin, age 30, of Cheyenne, Wyoming, was sentenced on August 1, 2023, to 51 months’ imprisonment for possession with intent to distribute fentanyl. Chief U.S. District Court Judge Scott W. Skavdahl imposed the sentence which included three years of supervised release, $500 community restitution and a $100 special assessment.

According to court documents, on October 25, 2022, Cheyenne Police Department (CPD) officers were dispatched to Capitol City Storage on a report of a suspected trespasser asleep in a vehicle. CPD officers arrived on scene and contacted Ascherin asleep in a Honda sedan. During their investigation, officers located multiple plastic bags with methamphetamine and fentanyl pills and placed Ascherin under arrest for being under the influence of a controlled substance. In total, the defendant possessed approximately 17 grams of methamphetamine and 8.9 grams (82 pills) of fentanyl. Ascherin pled guilty to possession with intent to distribute fentanyl. The case was investigated by the Cheyenne Police Department and prosecuted by Assistant U.S. Attorney Timothy J. Forwood. Case No. 23-CR-00026

Illegal Re-Entry of Previously Deported Alien into the U.S.

Luis Montano-Sanchez, age 31, a citizen of Mexico, was sentenced on August 2, 2023, to one month imprisonment for illegal re-entry of a previously deported alien into the United States. Chief U.S. District Court Judge Scott W. Skavdahl imposed the sentence and recommended the Bureau of Immigration and Customs Enforcement begin removal proceeding during service of his sentence pursuant to the Institutional Hearing Program. This case was prosecuted by Assistant U.S. Attorney Michael J. Elmore.

Carlos Moreno-Rodriguez, age 32, a citizen of Mexico, was sentenced on July 27, 2023, to five months’ imprisonment for illegal re-entry of a previously deported alien into the United States. Chief U.S. District Court Judge Scott W. Skavdahl imposed the sentence and recommended the Bureau of Immigration and Customs Enforcement begin removal proceeding during service of his sentence pursuant to the Institutional Hearing Program. 

About the United States Attorney’s Office

The United States Attorney’s Office is responsible for representing the federal government in virtually all litigation involving the United States in the District of Wyoming, including all criminal prosecutions for violations of federal law, civil lawsuits brought by or against the government, and actions to collect judgments and restitution on behalf of victims and taxpayers. The Office is involved in several programs designed to make our communities safer. They include:

Environmental Justice
The fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.

Project Safe Childhood
Project Safe Childhood (PSC) is a DOJ initiative that combats the proliferation of technology-facilitated sexual exploitation crimes against children. The threat of sexual predators soliciting children for sexual contact is well-known and serious.

Project Safe Neighborhoods
Project Safe Neighborhoods (PSN) is a nationwide commitment to reducing gun and gang crime in America by networking existing local programs that target gun crime and providing these programs with additional tools necessary to be successful.

Victim Witness Assistance
The Victim Witness Coordinator for the United States Attorney’s Office for the District of Wyoming is dedicated to making sure that victims of federal crimes and their family members are treated with compassion, fairness, and respect.

To report a federal crime, go to: https://www.justice.gov/actioncenter/report-crime#traffickin