Grand Jury for the District of Nebraska

United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 15 indictments charging 16 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.

*          Kelsey Allen, age 38, of Orchard, Nebraska, is charged in a two count indictment. Count I alleges that on or about August 22, 2012, the defendant distributed a mixture or substance containing a detectable amount of methamphetamine. The maximum possible penalty includes imprisonment of up to 20 years, a $1 million fine, a 5 year term of supervised release and a $100 special assessment. Count II alleges that on or about January 23, 2013, the defendant possessed with intent to distribute a mixture or substance containing a detectable amount of methamphetamine. The maximum possible penalty includes imprisonment of up to 20 years, a $1 million fine, a 5 year term of supervised release and a $100 special assessment.

*          Juan Avalos, age 24, and Jose Avalos, age 27, both of Omaha, are charged in a three count indictment. Count I alleges that on or about February 1, 2013, the defendants possessed with intent to distribute 50 grams or more of actual methamphetamine. The maximum possible penalty includes imprisonment of not less than 10 years and up to life, a $10 million fine, a 5 year term of supervised release and a $100 special assessment. Count II alleges that on or about February 1, 2013, Juan Avalos was in possession of a firearm, to wit: a Davis Industries .380 caliber firearm after having been convicted of a felony. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment. Count III alleges that on or about February 1, 2013, Jose Avalos was in possession of a firearm, to wit, an SCCY model CPX-1 9 mm handgun, knowing or having reasonable cause to believe that the firearm was stolen. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.

*          Johnnie B. Davis, Jr., age 33, of Omaha, is charged with being a felon in possession of a firearm, to wit: a Mossberg 500A shotgun, on or about January 1, 2013. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.

*          Jose Gonsalez-Lopez, age 37, is charged in a three count indictment. Count I alleges that beginning on or about November 26, 2012, and continuing to on or about March 7, 2013, the defendant conspired with others to distribute and possess with intent to distribute 50 grams or more of actual methamphetamine. 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. Counts II and III allege that on or about November 29, and on or about December 4, 2012, the defendant distributed 5 grams or more of actual 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.

*          Carlos Juan-Castaneda, age 35, of Omaha, is charged with illegal reentry into the United States on or about February 27, 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.

*          John L. Main, age 61, of Omaha, is charged in a two-count indictment.  Count I alleges that on or about August 6, 2008, Main filed a false Income Tax Return for calendar year 2006 by reporting gross receipts or sales during 2006 for his business, Main Concrete and Construction, to be $765,249 when in fact the sales were determined to be approximately $1,266,706.  The maximum possible penalty includes imprisonment of 3 years, a $100,000 fine, 1 year of supervised release, and a $100 special assessment.  Count II of the indictment alleges that on or about August 6, 2008, Main filed a false Income Tax Return for calendar year 2007 by reporting gross receipts or sales during 2007 for his business, Main Concrete and Construction, to be $534,892 when in fact the sales were determined to be approximately $925,045.  The maximum possible penalty includes imprisonment of 3 years, a $100,000 fine, 1 year of supervised release, and a $100 special assessment. 

*          Miguel Martell-Rios, age 35, of Omaha, is charged with illegal reentry into the United States on or about March 6, 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.

*          Thomas L. Payton, age 28, of Omaha, a drug user, is charged with being in possession of a firearm, to wit: a Russian Armory, Model SKS, 7.62mm Rifle, on or about January 15, 2013. The maximum possible penalty includes imprisonment of 10 years, a $250,000 fine, a 3 year term of supervised release and a $100 special assessment.

*          Jose Picon-Hernandez, age 41, of Omaha, is charged with illegal reentry into the United States on or about February 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.

*          Daniel Ramirez-Rodriguez is charged in a three-count Indictment.  Count I of the Indictment charges Ramirez-Rodriguez with misuse of a Social Security Number on or about September 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.  Count II of the Indictment alleges on or about September 4, 2012, Ramirez-Rodriguez 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 4, 2012, Ramirez-Rodriguez 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. 

*          Larry Redwing, age 59, of Niobrara, Nebraska, is charged with possession of methamphetamine within the boundaries of the Santee Sioux Indian Reservation on or about February 11, 2012.  The maximum possible penalty includes imprisonment of not more than 1 year, a $100,000 fine, a 1 year term of supervised release, and a $100 special assessment.

*          Jesus Acosta Robles, age 48, of Omaha, is charged with bank robbery of the Wells Fargo Bank, 4650 South 24th Street, Omaha, Nebraska, on or about August 13, 2012.  The maximum possible penalty, if convicted, includes 20 years imprisonment, a fine of $250,000, a 3 year term of supervised release, and a $100 special assessment.

*          Leonel Torres-Garcia, age 40, of Emerson, Nebraska, is charged with illegal reentry into the United States on or about March 5, 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.

*          Skye Lynn Van Dyne, age 18, is charged with making a false statement to the Federal Bureau of Investigation on or about December 9, 2012. The maximum penalty for this count includes imprisonment of 5 years, a fine of $250,000, a 3 year term of supervised release, and a $100 special assessment. 

*          Luis Vasquez-Ramos, age 32, of Kearney, Nebraska, is charged with illegal reentry into the United States on or about February 13, 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.