Month: November 2022

Source: United States Department of Justice News

LAREDO, Texas – A 46-year-old man has been sent to prison following his conviction of being a felon in possession of a firearm, announced U.S. Attorney Jennifer B. Lowery.

The jury deliberated for 45 minutes before convicting Daniel Arturo Lozano July 27 following a one-day trial.

Today, U.S. District Judge Marina Garcia Marmolejo ordered Lozano to serve 46 months in federal prison to be immediately followed by three years of supervised release. In handing down the sentence, the court stressed the fact that Lozano was a convicted felon yet brandished a firearm to law enforcement. The court further noted he would “have to make some changes.”

On June 21, 2021, law enforcement responded to reports describing Lozano’s angry and disorderly behavior at Lozano’s Country Store located in San Ygnacio.

Upon their arrival, Lozano fled the scene and began a vehicle chase before returning to the store. At that time, he exited his vehicle and brandished an AR-style rifle. Lozano left the rifle at the store, returned to his truck and departed. Law enforcement took Lozano into custody later that night.

The defense attempted to convince the jury that the weapon Lozano displayed was actually a realistic-looking pellet gun that law enforcement found when they arrested him. However, the jury saw both the pellet gun and AR-style rifle compared side by side and the rifle was identified as the weapon Lozano had showed at the scene.

The jury did not believe defense claims and found Lozano guilty as charged.

He has been previously convicted of possession of cocaine. As such, he is prohibited per federal law of possession of a firearms or ammunition.

Lozano will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation with the assistance of the Zapata County Sheriff’s Office. Assistant U.S. Attorneys Brian Bajew and David Fawcett prosecuted the case.

Source: United States Department of Justice News

A man who engaged in a gun battle in Cedar Rapids was sentenced on November 1, 2022, to more than eight years in federal prison.

Lamont Bailey, age 40, from Cedar Rapids, Iowa, received the prison term after an April 11, 2022 guilty plea to one count of being a felon in possession of a firearm.

Surveillance videos introduced at the sentencing hearing showed that, on December 11, 2021, Bailey drove his car to a business on Kirkwood Court SW in Cedar Rapids and parked.  Before he exited his car, Bailey tucked a pistol into his waistband.  Bailey then went into the business.  As Bailey exited the business, he took his pistol out of his pants and re-entered his car.  Three individuals were walking through the parking lot behind Bailey’s car, but there was no altercation at that time.  Bailey drove his car onto Kirkwood Court SW, but then abruptly stopped his car and parked it on the side of the road.  Moments after Bailey parked his car, one of the three individuals who had been walking through the parking lot began shooting toward Bailey’s car.  Bailey then stood up from the driver’s side of his car and fired two shots in the direction of the three individuals.  He then re‑entered his car and drove away.  The other individual continued shooting at Bailey’s car.  Officers located Bailey later that night and found a 9mm pistol that was later determined to match two shell casings from the scene of the shootout.  Bailey had been previously convicted of three drug felonies in Chicago, Illinois.

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

Bailey is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorneys Lisa Williams and Dan Chatham and investigated by the Cedar Rapids Safe Streets Task Force.  The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone.  On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 22‑CR‑00019‑CJW‑MAR.

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Source: United States Department of Justice News

Defendant Admits Perpetrating Fraudulent Schemes, Including Investment Scheme that Bilked Muslim-American Community Out of Over $8 Million

Source: United States Department of Justice News

CINCINNATI – A Cincinnati man was sentenced in U.S. District Court to 192 months in prison for distributing fentanyl that caused the near-fatal overdose of a high school student.

In March 2019, Marcus Phoenix, 33, sold a teenager fentanyl. Court documents detail that the overdose victim had texted Phoenix and requested $20 worth of “fire.” The high schooler believed “fire” to be Percocet, which he/she had purchased from Phoenix in the past.

The teenager overdosed and, after two doses of Narcan failed to stop the overdose’s effects, emergency room doctors performed life-saving surgery. Ultimately, the overdose victim was on life support in a medically induced coma for a week before regaining consciousness. In all, the overdose victim was hospitalized for nearly two weeks and required extensive physical therapy to regain the ability to walk and perform other daily tasks.

“When teens seek out prescription opioids, they are often in fact buying counterfeit versions, which increasingly contain fentanyl,” said U.S. Attorney Kenneth L. Parker. “My office will continue to identify, investigate and prosecute those responsible for putting deadly drugs in the hands of our youth.”

Subsequent law enforcement investigation revealed that Phoenix, who was on probation at the time for a local aggravated drug trafficking conviction, continued to sell fentanyl in March and April 2019. While conducting a search warrant at Phoenix’s apartment in June 2019, investigators discovered 20 grams of fentanyl and drug trafficking paraphernalia.

Phoenix was arrested on federal charges in June 2019 and pleaded guilty in May 2021.

Kenneth L. Parker, United States Attorney for the Southern District of Ohio; Orville O. Greene, Special Agent in Charge, Drug Enforcement Administration; Lt. Col. Charles A Jones, Superintendent, Ohio State Highway Patrol; West Chester Police Chief Joel Herzog; and other members of the Hamilton County Heroin Task Force announced the sentence imposed by U.S. District Court Judge Matthew W. McFarland. Assistant United States Attorneys Kelly K. Rossi and Timothy D. Oakley are representing the United States in this case.

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Source: United States Department of Justice News

PROVIDENCE –  A Cranston made an initial appearance in federal court today on charges that he allegedly produced and possessed child pornography, announced United States Attorney Zachary A. Cunha.

It is alleged that Gregory Phillips, 42, coerced a 7-year-old child to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct, and that he possessed images and videos of child pornography.

Phillips is charged by way of a federal criminal complaint with production of child pornography and possession of child pornography.  

The defendant’s alleged conduct was brought to the attention of a Cranston Police Department Detective and the Rhode Island State Police Internet Crimes Against Children (ICAC) Task Force in June 2022 by way of a report provided by the National Center for Missing and Exploited Children. After further investigation, Philips was arrested on September 3, 2022, and ordered detained on Rhode Island state charges.

Philips was taken into federal custody today pursuant to a federal arrest warrant issued on October 26, 2022.

United States Attorney Cunha thanks the Rhode Island Department of Attorney General for their assistance which led to the filing of a federal criminal complaint  A federal criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.

Homeland Security Investigations assisted the ICAC Task Force and the Cranston Police Department in the investigation of this matter.

The case is being prosecuted by Assistant United States Attorney Lee H. Vilker.

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