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New Mexico Child Neglect Law
 
United States of America v. Kyla Norby

Las Cruces, NM - Lea County Woman Pleads Guilty to Federal Production of Child Pornography Charge

Defendant Prosecuted Under Project Safe Childhood; Plea Agreement Requires Imposition of 15 Year Prison Sentence

Kyla Norby, 27, of Hobbs, N.M., pled guilty in federal court in Las Cruces, N.M., to a production of child pornography charge. Under the terms of her plea agreement, Norb... More...
   $0 (06-24-2016 - NM)

STATE OF NEW MEXICO v . TRUETT THOMAS

On June 3, 2010, Guadalupe Ashford’s body was found partially hidden behind
16 a trash can at the edge of a small parking lot. Drag marks and blood spatter indicated
17 that Ashford had initially been assaulted in the lot and then dragged a short distance
18 to its edge where her body was found. The drag marks were contained within the span
19 of one parking space and extended less... More...
   $0 (06-22-2016 - NM)

United States of America v. William Detwiler

Albuquerque, NM - Non-Indian Man from Vanderwagon Facing Federal Sexual Abuse and Kidnapping Charges Involving Navajo Child

Defendant Prosecuted Under Project Safe Childhood and Federal “Worst of the Worst” Anti-Violence Initiative

William Detwiler, 67, a non-Indian who resides in Vanderwagon, N.M., made his initial appearance today in federal court in Albuquerque, N.M., on an in... More...
   $0 (06-04-2016 - NM)

STATE OF NEW MEXICO v. 8ROBERT GEORGE TUFTS

Defendant Robert Tufts, a male in his late thirties, filmed himself masturbating,
4 saved the electronic image on a secure digital (SD) memory card, inserted the card
5 into a cell phone, handed the cell phone to a fifteen-year-old girl (Child) with whom
6 he had developed an intimate but non-sexual relationship, and told her there was a
7 surprise on the phone for her. Defendant ... More...
   $0 (06-02-2016 - NM)

United States of America v. Aaron Hubbard

Albuquerque, NM - Navajo Man from Arizona Sentenced to Ten Years for Federal Child Sexual Abuse Conviction in New Mexico

Aaron Hubbard, 34, an enrolled member of the Navajo Nation who resides in Fort Defiance, Ariz., was sentenced today in federal court in Albuquerque, N.M., to 120 months in federal prison followed by ten years of supervised release for his abusive sexual contact of a min... More...
   $0 (05-30-2016 - NM)

United States of America v. Patrick Carpio

Albuquerque, NM - Isleta Pueblo Man Pleads Guilty to Federal Child Sexual Abuse Charges

Defendant Prosecuted Under Project Safe Childhood; Plea Agreement Requires Prison Sentence within Range of 15 to 20 Years

Patrick Carpio, 69, a member and resident of Isleta Pueblo, N.M., pleaded guilty in federal court in Albuquerque, N.M., to child sexual abuse and sexual contact charges. U... More...
   $0 (04-28-2016 - NM)

United Stats of America v. Harrison Cambridge

Albuquerque, NM - Navajo Man from Shiprock Pleads Guilty to Federal Child Sexual Abuse Charge -
Prosecution Brought Under Project Safe Childhood

Harrison Cambridge, 56, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty in federal court in Albuquerque, N.M., to an abusive sexual contact charge. Under the terms of his plea agreement, Cambridge will... More...
   $0 (03-31-2016 - NM)

STATE OF NEW MEXICO v . PAUL N. REYNOLDS

Defendant Paul Reynolds pled no contest to first-degree murder, unlawful
3 taking of a motor vehicle, and tampering with evidence, pursuant to a plea agreement.
4 Defendant now argues that he should be allowed to withdraw that plea because it was
5 not knowing, intelligent, and voluntary due to the ineffective assistance of his plea
6 counsel. Specifically, Defendant contends that ... More...
   $0 (03-26-2016 - nm)

STATE OF NEW MEXICO v. JOHN RADOSEVICH

Defendant appeals from his convictions for aggravated assault with a deadly
4 weapon and tampering with evidence. Defendant raises several challenges on appeal
5 related to his criminal charges: the district court’s refusal to instruct the jury on the
6 lesser included offense of simple assault; the district court’s decision to direct a
7 verdict on the charged offense of assault w... More...
   $0 (03-09-2016 - NM)

United States of America v. Emery Vallo, Sr.

Santa Fe, NM - Acoma Pueblo Man Sentenced to Fifteen Years for Federal Child Sexual Abuse Conviction

Emery Vallo, Sr., 60, a member and resident of Acoma, N.M., was sentenced in Santa Fe, N.M., to 15 years in federal prison for his child sexual abuse conviction. Vallo will be on supervised released for five years following his release from prison. He also will be required to register as... More...
   $0 (02-08-2016 - NM)

United States of America v. David Anaya Garcia

Las Cruces, NM - Former Las Cruces Elementary School Janitor Pleads Guilty to Federal Child Pornography Charge

Prosecution Brought Under Project Safe Childhood

David Anaya Garcia, 32, of Las Cruces, N.M., pleaded guilty to a federal child pornography charge. At the time he committed the crime, Garcia was employed as a janitor in a Las Cruces elementary school.

Garcia wa... More...
   $0 (02-08-2016 - NM)

United States of America v. Juan Pena

Albuquerque, NM - San Ildefonso Pueblo Man Pleads Guilty to Federal Sexual Abuse Charge

Juan Pena, 72, an enrolled member of the San Ildefonso Pueblo who resides in Santa Fe, N.M., pleaded guilty today in federal court to a child sexual abuse charge. The guilty plea was entered without the benefit of a plea agreement.

Pena was arrested on Aug. 19, 2015, on an indictment chargin... More...
   $0 (02-05-2016 - NM)

United States of America v. Jesse Antillon

Las Cruces, NM - Las Cruces Felon Sentenced to 70 Months for Violating Federal Firearms Laws

Defendant Prosecuted Under Federal “Worst of the Worst” Anti-Violence Initiative

Jesse Antillon, Jr., 29, of Las Cruces, N.M., was sentenced in federal court to 70 months in prison followed by three years of supervised release for violating the federal firearms laws.

Antillon w... More...
   $0 (01-26-2016 - NM)

State Of New Mexico v. Erwin

Defendant was convicted of three counts of criminal sexual contact with a
5 minor—one a second degree felony and the others third degree felonies. The child
6 was thirteen years of age at the time of the incidents, which occurred between July
7 12, 2011 and December 30, 2011. Defendant had been the boyfriend of the child’s
8 mother. Defendant had moved into the home with the mothe... More...
   $0 (01-23-2016 - NM)

State Of New Mexico v. Vargas

Defendant Michael Vargas, Sr. appeals his convictions on each of twenty-four
4 counts of intentional child abuse by torture, contrary to NMSA 1978, Section 30-6
5 1(D)(2) (2009). Defendant raises numerous issues on appeal, including (1) violations
6 of his rights to due process and to be free from double jeopardy, (2) the insufficiency
7 of the evidence to support his convictions, ... More...
   $0 (01-23-2016 - NM)

State v. Ferri

Eugene Ferri (Defendant) was convicted of killing Gilles Delisle, Helga Delisle,
5 and Peter Weith, aggravated burglary with a deadly weapon, unlawful taking of a
6 motor vehicle, and two counts of tampering with evidence. Defendant was sentenced
7 to three terms of life imprisonment for the three convictions of first-degree murder;
8 nine years for aggravated burglary, which was ... More...
   $0 (01-20-2016 - NM)

State Of New Mexico v. Ferri

Eugene Ferri (Defendant) was convicted of killing Gilles Delisle, Helga Delisle,
5 and Peter Weith, aggravated burglary with a deadly weapon, unlawful taking of a
6 motor vehicle, and two counts of tampering with evidence. Defendant was sentenced
7 to three terms of life imprisonment for the three convictions of first-degree murder;
8 nine years for aggravated burglary, which was e... More...
   $0 (01-05-2016 - NM)

United States v. Rodella

THIS MATTER comes before the Court on the Motion for Release Pending Appeal, filed February 6, 2015 (Doc. 195)("Motion"). The primary issues are: (i) whether Defendant Thomas R. Rodella has presented a substantial question that, if answered in his favor, would likely result in a new trial; and (ii) whether Rodella has shown exceptional circumstances, which are required for a violent offender to be... More...   $0 (01-03-2016 - NM)

United States v. Lente

Following a drunk-driving crash on the Isleta Pueblo in New Mexico, in which three people were killed and another severely injured, Lente pled guilty to three counts of involuntary manslaughter and one count of assault resulting in serious bodily injury. According to the pre-sentence investigation report (“PSR”), her advisory Guidelines range was 46 to 57 months' imprisonment. However, the distric... More...   $0 (01-02-2016 - NM)

State Of New Mexico v. DeAngelo

DeAngelo M. (Child) was thirteen years and eight days old when during a custodial interrogation by three law enforcement officers, he made inculpatory statements regarding a burglary, which connected Child to a murder. Had Child made his statements nine days earlier, his statements would not have been admissible against him in any delinquency proceedings. NMSA 1978, § 32A-2-14(F) (2009). Had C... More...   $0 (12-29-2015 - NM)

State Of New Mexico v. Davis

Over a period of time during 2005 and 2006, the New Mexico State Police received several reports that residents were growing marijuana plants throughout rural areas of Taos County, New Mexico. The informants, however, were unable or unwilling to provide the police with specific locations where marijuana was growing due to the remoteness of the area and fear of retaliation. In investigating the re... More...   $0 (12-29-2015 - NM)

United States of America v. Gerald James Viarrial

Santa Fe, NM - Federal Jury Finds Pojoaque Pueblo Man Guilty on Assault and Firearms Charges

Defendant Prosecuted as Part of Federal Initiative to Address the Epidemic Incidence of Violence Against Native Women

A federal jury sitting in Santa Fe, N.M., returned a verdict finding Gerald James Viarrial guilty on assault and firearms charges after a three-day trial.

Viarr... More...
   $0 (12-17-2015 - NM)

Moses v. Skandera

Intervenors’ motion for rehearing is denied. However, our prior opinion filed
4 on November 12, 2015 is withdrawn and the following is substituted in its place.
5 {2} Since the adoption of the New Mexico Constitution on January 21, 1911, New
6 Mexico has had a constitutional responsibility to provide a free public education for
7 all children of school age. N.M. Const. art. XII,... More...
   $0 (12-18-2015 - NM)

United States v. Johnson

THIS MATTER comes before the Court on the United States' Sentencing Memorandum and Motion for Upward Departure Pursuant to U.S.S.G. § 5K2.0, filed June 4, 2015 (Doc. 21)("Motion"). The Court held a sentencing hearing on June 26, 2015. The primary issues are: (i) whether upward departure is permitted under U.S.S.G. § 5K2.1 or U.S.S.G. § 5K2.21; (ii) whether an upward departure is appropriate where ... More...   $0 (12-15-2015 - NM)

State Of New Mexico v. Surratt

On August 31, 2010, following an investigation by the New Mexico State
19 Police, Defendant Danny Surratt was charged in Lea County Magistrate Court with
2
1 several counts stemming from allegations of inappropriate sexual conduct with his
2 two minor stepgranddaughters. Defendant served for many years as a law
3 enforcement officer in Lea County and was a deputy sheriff at the... More...
   $0 (12-11-2015 - NM)

United States of America v. Andres Salinas

Albuquerque, NM - Albuquerque Man Sentenced to Federal Prison for Child Pornography Conviction

Andres Salinas, 21, of Albuquerque, N.M., was sentenced in federal court to 72 months in prison followed by 25 years of supervised release for possessing child pornography. Salinas will be required to register as a sex offender after completing his term of imprisonment.

Salinas was arr... More...
   $0 (12-03-2015 - NM)

United States of America v. Michael Glover

Albuquerque, NM - Prior Sex Offender from Ohio Pleads Guilty to Federal Child Pornography Charges in New Mexico

Plea Agreement Requires Imposition of Ten to Fifteen Year Prison Sentence; Prosecution Brought Under Project Safe Childhood and “Worst of the Worst” Anti-Violence Initiative

Michael Glover, 36, of Canton, Ohio, pleaded guilty to federal child pornography charges in fede... More...
   $0 (11-30-2015 - NM)

State Of New Mexico v. Nichols

Alycia Nichols, Jeremy Nichols’ wife, gave birth to Kaden and his twin 1
10 brother Bryce in September 2005. The twins were delivered by Caesarean section
11 after the doctor made several unsuccessful attempts to get Kaden into a position
12 where he could be delivered naturally. Kaden was stuck in the birth canal for a period
13 of time, resulting in bruising over the majority of ... More...
   $0 (11-23-2015 - NM)

State Of New Mexico v. Pagan-Rivera

At trial, the State presented the testimony of Martha Colwell, Ramon Lopez,
8 Antonio Lopez, and Dennie Stallworth, along with investigators and expert witnesses.
9 The witnesses described the following events.
10 {4} Martha Colwell is the mother of Ramon Lopez and Antonio Lopez who on
11 November 7 2010, were ten and seventeen years old. Dwayne King, a family friend
12 who was... More...
   $0 (11-16-2015 - NM)

Moses v. Skandera

Since the adoption of the New Mexico Constitution on January 21, 1911, New
4 Mexico has had a constitutional responsibility to provide a free public education for
5 all children of school age. N.M. Const. art. XII, § 1. However, “no part of the
6 proceeds arising from the sale or disposal of any lands granted to the state by
7 congress, or any other funds appropriated, levied or ... More...
   $0 (11-16-2015 - NM)

United States of America v. Joshua Weitz

Albuquerque, NM - Suspended APS Kindergarten Teacher Arrested on Federal Child Pornography Charges -
Prosecution Brought Under Project Safe Childhood

Joshua Weitz, 39, of Albuquerque, N.M., made his initial appearance in federal court this morning on a criminal complaint charging him with distribution, receipt and possession of visual depictions of minors engaged in sexually explicit... More...
   $0 (11-12-2015 - NM)

State Of New Mexico v. Serros

The Sixth Amendment to the United States Constitution begins, “In all criminal
11 prosecutions, the accused shall enjoy the right to a speedy . . . trial.” See N.M. Const.
12 art. II, § 14. In State v. Garza, we emphasized that “[t]he heart of the right to a speedy
13 trial is preventing prejudice to the accused.” 2009-NMSC-038, ¶ 12, 146 N.M. 499,
14 212 P.3d 387. But we also reco... More...
   $0 (11-12-2015 - NM)

Moses v. Skandera

Since the adoption of the New Mexico Constitution on January 21, 1911, New
4 Mexico has had a constitutional responsibility to provide a free public education for
5 all children of school age. N.M. Const. art. XII, § 1. However, “no part of the
6 proceeds arising from the sale or disposal of any lands granted to the state by
7 congress, or any other funds appropriated, levied or... More...
   $0 (11-12-2015 - NM)

United States of America v. Emery Vallo, Sr.

Albuquerque, NM - Acoma Pueblo Man Pleads Guilty to Federal Child Sexual Abuse Charges

Plea Agreement Requires Imposition of Ten to Fifteen Year Prison Sentence; Prosecution Brought Under Project Safe Childhood

Emery Vallo, Sr, 60, a member and resident of Acoma, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to a felony information charging him with abusiv... More...
   $0 (11-06-2015 - nm)

United States of America v. Aaron Hubbard

Albuquerque, NM - Navajo Man from Arizona Pleads Guilty to Federal Child Sexual Abuse Charges in New Mexico - Plea Agreement Requires Imposition of Ten Year Prison Sentence

Aaron Hubbard, 34, an enrolled member of the Navajo Nation who resides in Fort Defiance, Ariz., pled guilty this morning in federal court in Albuquerque, N.M., to a felony information charging him with abusive sexual c... More...
   $0 (11-02-2015 - NM)

United States of America v. Jonathan Matthew Madrid

At issue is whether appellant Jonathan Madrid’s prior conviction for statutory
rape in Texas qualifies as a crime of violence under the United States Sentencing
Guidelines. Applying the familiar modified categorical approach, and in light of
-2-
Johnson v. United States, 135 S. Ct. 2551 (2015), we hold that it does not.
Exercising jurisdiction under 28 U.S.C. § 1291, we vacate ... More...
   $0 (11-02-2015 - NM)

State of New Mexico v. William Pagan-Rivera

Following a jury trial, the district court entered judgment against Defendant
4 William Pagan-Rivera and sentenced him for the crimes of first-degree felony murder,
5 two counts of negligently caused child abuse, shooting from a motor vehicle, shooting
6 at a dwelling or occupied building, and tampering with the evidence. Defendant asks
7 this Court to reverse his convictions on gr... More...
   $0 (10-27-2015 - NM)

Stephen Maresca v. Bernalillo County

Plaintiffs-Appellants Stephen Maresca, Heather Martin-Maresca, and their
three children were driving back from a family hike when they were arrested in a
“felony stop” carried out by Bernalillo County Sheriff’s Deputies J. Fuentes, G.
Grundhoffer, and four other officers.1 Deputy Fuentes initiated the stop because she
mistakenly believed that the Marescas were driving a stolen vehi... More...
   $0 (10-22-2015 - NM)

United States of America v. Duane Day

Albuquerque, NM - Laguna Pueblo Man Sentenced for Conviction on Assault by Strangulation and Attempted Manslaughter Charges

Defendant Prosecuted as Part of Federal Initiative to Address the Epidemic Incidence of Violence Against Native Women

Duane Day, 25, a member and resident of Laguna Pueblo, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 51 ... More...
   $0 (10-01-2015 - NM)

United States of America v. Gregory Kyle Chavez

Albuquerque, NM - San Felipe Pueblo Man Pleads Guilty to Assaulting Kewa Pueblo Child

Gregory Kyle Chavez, Jr., 28, a resident and member of San Felipe Pueblo, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a federal assault charge. Under the terms of his plea agreement, Chavez will be sentenced within the range of six to 14 months in prison followed by a ter... More...
   $0 (09-29-2015 - NM)

 
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