United States v. Hernandez

• Citation: 90 F.Supp.3d 813
• Decision Date: 04 March 2015
• Docket Number: No. CR14–4088–8–MWB.,CR14–4088–8–MWB.
• Parties: UNITED STATES of America, Plaintiff, v. Ingmar HERNANDEZ, Defendant.
• Court: U.S. District Court — Northern District of Iowa

90 F.Supp.3d 813

UNITED STATES of America, Plaintiff
v.
Ingmar HERNANDEZ, Defendant.

No. CR14–4088–8–MWB.

United States District Court, N.D. Iowa, Western Division.

Signed March 4, 2015.

90 F.Supp.3d 816

Forde Fairchild, Assistant U.S. Attorney, Sioux City, IA, for Plaintiff.

John P. Greer, Greer Law Office, Spencer, IA, for Defendant.

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MEMORANDUM OPINION AND ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING MOTION TO DISMISS

MARK W. BENNETT, District Judge.

TABLE OF CONTENTS

I.	INTRODUCTION AND BACKGROUND	817
II.	LEGAL ANALYSIS	819

A.	Standard Of Review	819
B.	Objections To Report and Recommendation	822

1.	Conspiring to defraud the United States	822
2.	Target of conspiracy	826

III. CONCLUSION 826

I. INTRODUCTION AND BACKGROUND

In a seventeen-count Indictment returned on November 20, 2014, defendant Ingmar Hernandez is charged with conspiring to obstruct justice, in violation of 18 U.S.C. § 371.¹ Specifically, the Indictment alleges, in pertinent part, that:

10. On April, 29, 2013, LEVON VARNE DEAN SR., (A/K/A LEE DEAN), STEFFAN DEAN, KIMBERLY SMITH, MONICA ROCHA–CONTRERAS, EVETTE MORRIS–HERNANDEZ, ESTEBAN HERNANDEZ, ANNA BAKER, and INGMAR HERNADEZ [sic], all learned federal authorities were searching for Jamal Dean before they completed their interaction with Jamal Dean on or about April 29, 2013.²

....

THE OBJECTS OF THE CONSPIRACY

13. From on or about April 29, 2013, and continuing until about September 1, 2013, within the Northern District of Iowa and elsewhere, Jamal Dean and defendants, LEVON DEAN SR., (A/K/A LEE DEAN), STEFFAN DEAN, KIMBERLY SMITH, MONICA ROCHA–CONTRERAS, EVETTE MORRIS–HERNANDEZ, ESTEBAN HERNANDEZ, ANNA BAKER, and INGMAR HERNADEZ, and others known and unknown to the grand jury, knowingly and willfully conspired and agreed together and with each other, (and with other persons both known and unknown to the grand jury), to defraud the United States of and concerning its governmental functions and rights, hereafter described, that is: they conspired to interfere with and obstruct legitimate governmental activities of the United States Department of Justice (e.g., the United States Marshals Service (“USMS”) and the Bureau of Alcohol, Tobacco, Firearms,

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and Explosives (“ATF”)) by interfering with and obstructing the federal investigation into the events of April 29, 2013, and the federal effort to assist in the apprehension of Jamal Dean, by deceit, craft, trickery, and by means that were dishonest.

THE MANNER AND MEANS OF THE CONSPIRACY

14. It was a part of the conspiracy that the defendants would by deceit, craft, trickery and dishonest means, defraud the United States by interfering with and obstructing the lawful governmental functions of the United States Department of Justice (e.g., the USMS and ATF) in that the defendants would receive, relieve, comfort, assist, and conceal Jamal Dean in his attempt to avoid capture and questioning.

15. It was further a part of the conspiracy that the defendants would make materially false, fictitious, and fraudulent statements or representations to the United States Department of Justice (e.g., the United States Marshals Service and the Bureau of Alcohol, Tobacco, Firearms, and Explosives).

16. It was still further a part of the conspiracy that the defendants would alter, destroy, mutilate, conceal, cover up, falsify, or make false entry in any record, document, or tangible object.

OVERT ACTS

17. In furtherance of the conspiracy and to affect the objects of the conspiracy, the following overt acts, among others, were committed in the Northern District of Iowa and elsewhere:

Before Arrest of Jamal Dean

....

H. On or about April 29, 2013, Jamal Dean used KIMBERLY SMITH'S and STEFFAN DEAN'S home phone to Call [sic] INGMAR HERNANDEZ and arranged for his (i.e., Jamal Dean's) transportation from KIMBERLY SMITH'S and STEFFAN DEAN'S home in Sioux City, Iowa to South Sioux City, Nebraska.

I. On or about April 29, 2013, MONICA ROCHA–CONTRERAS and INGMAR HERNADEZ picked-up Jamal Dean from KIMBERLY SMITH and STEFFAN DEAN'S home in a black 2003 Cadillac sedan.

J. On or about April 29, 2013, MONICA–ROCHA CONTRERAS and INGMAR HERNADEZ transported Jamal Dean from KIMBERLY SMITH'S and STEFFAN DEAN'S home to South Sioux City, Nebraska.

K. On or about April 29, 2013, MONICA ROCHA–CONTRERAS and INGMAR HERNADEZ transported Jamal Dean to a location near West 7th Street in South Sioux City, Nebraska.

L. On or about April 29, 2013, an unnamed conspirator known to the grand jury and Jamal Dean walked from a location near West 7th Street, South Sioux City, Nebraska to the home of an unnamed conspirator know to the grand jury near 5th Avenue in South Sioux City, Nebraska.

M. On or about April 30, 2013, one or more conspirators arranged for the transportation of Jamal Dean from the residence near 5th Avenue South Sioux City, Nebraska to ANNA BAKER'S home on the Winnebago Reservation in Winnebago, Nebraska.

N. On or about April 30, 2013, EVETTE MORRIS–HERNANDEZ and ESTEBAN HERNANDEZ picked-up Jamal Dean and INGMAR HERNADEZ at the residence near 5th Avenue South Sioux City, Nebraska in a 1999 Dodge Durango sports utility vehicle.

O. On or about April 30, 2013, EVETTE MORRIS–HERNANDEZ and

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ESTEBAN HERNANDEZ transported Jamal Dean from the residence near 5th Avenue, South Sioux City, Nebraska to ANNA BAKER'S home on the Winnebago Reservation, in Winnebago, Nebraska.

P. On or about April 30, 2013, ANNA BAKER welcomed EVETTE MORRIS–HERNANDEZ, ESTEBAN HERNANDEZ, INGMAR HERNADEZ, and Jamal Dean into her home on the Winnebago Reservation in Winnebago, Nebraska.

Q. On or about April 30, 2013, ANNA BAKER, EVETTE MORRIS–HERNANDEZ, ESTEBAN HERNANDEZ, INGMAR HERNADEZ, and Jamal Dean discussed the shooting and what JAMAL DEAN'S next step should be.

Indictment at 4–9.

Hernandez has filed a motion to...