Federal Grand Jury Indictments: November 2012

MUSKOGEE, OK—The United States Attorney’s Office announced today the results of the November 2012 federal grand jury.

The following named individuals have been charged with a federal crime or crimes by the return of an indictment by the grand jury. A grand jury indictment does not constitute evidence of guilt. A grand jury indictment is a method of bringing formal charges against the defendant. A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt. Statutory maximum punishments are in parentheses. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are non-parolable.

Proselito Amarildo Estrada-Barrios, age 24, of Mexico, a/k/a Carlos Coronado: Illegal Re-Entry of a Previously Deported Alien

The indictment alleges that on or about October 7, 2012, in the Eastern District of Oklahoma, the defendant, an alien, was found in the United States after having been deported and removed from the United States on or about April 18, 2008, at or near Alexandria, Louisiana, and not having obtained the express consent of the Attorney General of the United States or his successor, the Secretary of Homeland Security, to reapply for admission into the United States.

The charge arose from an investigation by the Stilwell Police Department and the Department of Homeland Security, Immigration and Customs Enforcement Agency. The charge is in violation of Title 8, United States Code, Sections 1326(a) and 1326(b), punishable by not more than 20 years’ imprisonment and/or a $250,000 fine.

Assistant United States Attorney: Christopher Wilson

Jessica Hudgins, age 26, of Tishomingo, Oklahoma; Cynthia Jolene Hudgins, age 48, of Tishomingo, Oklahoma: Drug Conspiracy

The indictment alleges that in or about January 2011 and continuing until in or about March 2012, within the Eastern District of Oklahoma and elsewhere, the defendants did knowingly and intentionally combine, conspire, confederate, and agree, together and with others both known and unknown to the grand jury, to commit offenses against the United States; specifically, to knowingly and intentionally possess with intent to distribute and distribute Oxycontin, a Schedule II controlled substance.

The charge arose from an investigation by Drug Enforcement Administration. The charge is in violation of Title 21, United States Code, Section 846, punishable by not less than 10 years or more than life imprisonment and/or up to a $1,000,000 fine.

Assistant United States Attorney: Ryan Roberts

Jesse Lawrence Warren, age 26, of Muskogee, Oklahoma: Felon in Possession of a Firearm, Possession of Stolen Firearm, Felon in Possession of Ammunition

The indictment alleges that on or about May 20, 2012, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, the following stolen firearm, to-wit: one Glock Model 22, .40 caliber semi-automatic handgun; that firearm had been shipped and transported in interstate commerce. It is further alleged that on or about September 12, 2012, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, the following ammunition, to-wit: Federal Premium .380 caliber ammunition, which had been shipped and transported in interstate commerce. The charges arose from an investigation by the Muskogee Police Department and the Federal Bureau of Investigation.

The charges are in violation of Title 18, United States Code, Section 922(g)(1) and Title 18, United States Code, Section 922(j), both punishable by not more than 10 years’ imprisonment and/or up to a $250,000 fine.

Assistant United States Attorney: Kyle Waters

Elbert Bustos-Mercado, age 39, of Los Angeles, California: Possession with Intent to Distribute Methamphetamine

The indictment alleges that on or about September 25, 2012, within the Eastern District of Oklahoma, the defendant did knowingly and intentionally possess with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II Controlled Substance.

The charge arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration. The charge is in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A), punishable by not less than 10 years and no more than life imprisonment and/or up to a $10,000,000 fine.

Assistant United States Attorney: Shannon Henson

Davanna Deamber Dotson, age 41, of Muskogee, Oklahoma, a/k/a Deamber Dotson, a/k/a Deamber Dobson, a/k/a Amber Bradley, a/k/a Brandi Marie Smith, a/k/a Deamber Danielle Dotson, a/k/a “Alexis”: Wire Fraud, Mail Fraud

The indictment alleges that from on or about May 1, 2009 through September 31, 2012, in the Eastern District of Oklahoma, the defendant devised and intended to devise a scheme to defraud and to obtain money and property by means of materially false and fraudulent pretenses, representations, and promises. The investigation revealed that the defendant would contact individual families looking to adopt a child or adoption agencies, misrepresenting she had a baby that she would like to place for adoption. Her scheme involved families and agencies in various states to include: Alabama, Arkansas, Illinois, Louisiana, Ohio, Oklahoma, Virginia, and Texas.

The charges arose from an investigation by the Muskogee Police Department and the Federal Bureau of Investigation. The charges are in violation of Title 18, United States Code, Section 1343, punishable by not more than 20 years’ imprisonment and/or up to a $250,000 fine; and Title 18, United States Code, Section 1341, punishable by not more than 20 years’ imprisonment and/or up to a $250,000.00.

Assistant United States Attorney: Melody Nelson

Donald Laquinn West, III, age 38, of Talihina, Oklahoma: Sexual Exploitation of a Minor Child

The indictment alleges that on or about a date uncertain to the grand jury between January 22, 2010 and January 22, 2011, in Latimer County, within the Eastern District of Oklahoma, the defendant, did employ, use, induce, entice, and coerce a minor child under the age of 18 to engage in sexually explicit conduct, specifically, the lascivious exhibition of the genitals and pubic area of said minor child, for the purpose of producing a visual depiction of such conduct, which such visual depiction was produced using materials that had been mailed, shipped, and transported in interstate and foreign commerce.

The charge arose from an investigation by the Choctaw Tribal Police, the Oklahoma Department of Human Services, and the Federal Bureau of Investigation. The charge is in violation of Title 18, United States Code, Section 2251(a), punishable by no less than 15 years and up to life imprisonment and/or up to a $250,000.00 fine.

Assistant United States Attorney: Dean Burris

Bernabe Niero Jose Miranda, age 47, of Tahlequah, Oklahoma: Distribution of Methamphetamine, Possession with Intent to Distribute Methamphetamine

The indictment alleges that on or about December 2, 2011 and January 11, 2012, within the Eastern District of Oklahoma, the defendant did knowingly and intentionally distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II Controlled Substance. It further alleges that on or about February 10, 2012 and September 26, 2012, within the Eastern District of Oklahoma, the defendant did knowingly and intentionally possess with intent to distribute five grams or more of methamphetamine (actual), a Schedule II Controlled Substance.

The charges arose from an investigation by the Cherokee Nation Marshal Service, the Bureau of Indian Affairs, and the Drug Enforcement Agency. The charges are in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(B) and 841(b)(1)(C), punishable by not less than five years, nor more than forty years’ imprisonment and/or up to a $5,000,000 fine.