Case 2:13-cr-00602-DN-DBP Document 1 Filed 09/05/13 Page 1 of 6

FILED

DAVID B. BARLOW, United States Attorney (#13117)

U.S. DISTRICT caUR r
FELICE JOHN VITI, Assistant United States Attorney (#7007)
TRINA HIGGINS, Assistant United States Attorney (#7349)
p _ I:J 12: ~ 8
ANDREW R. CHOATE, Special Assistant United States Attorney (#13615) 2613 SE
5I
Attorneys for the United States of America
DISTRICT OF UTAH
185 South State Street, #300
SY:_
Salt Lake City, Utah 84111-1506
DEPUTY CLEHK
Telephone: (80l) 524-5682
Facsimile: (801) 524-6924
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION

UNITED STATES OF AMERICA,

Plaintiff,
vs.
ROBERTO MIRAMONTES ROMAN,
Defendant.

Case: 2: 13-cr-00602
Assigned To : Nuffer, David
Assign. Date: 9/5/2013
Description: USA v.

INDICTMENT
VIO. 21 U.S.C. 848 (e)(1)(B),
INTENTIONALL Y KILLING A LOCAL LAW
ENFORCEMENT OFFICER ENGAGED IN
THE PERFORMANCE OF OFFICIAL
DUTIES (Count 7); 21 U.S.C. 841(a)(I),
DISTRIBUTION OF METHAMPHETAMINE
(Counts 1,3,5); 18 U.S.C. 924(c)(1)(A),
POSSESSION OF A FIREARM IN
FURTHERANCE OF A DRUG
TRAFFICKING CRIME (Count 2);
CARRYING FIREARM(S) DURING AND IN
RELATION TO A DRUG TRAFFICKING
CRIME (Counts 4, 6); 18 U.S.C.
924(c)(I)(A), USE AND CARRY AND
DISCHARGE OF A FIREARM DURING AND
IN RELATION TO A CRIME OF VIOLENCE
(Count 8); 18 U.S.C. 922(g)(1) and (3),
POSSESSION OF FIREARMS BY A
PROHIBITED PERSON (Counts 9,10); 8
U.S.C. 1326, REENTRY OF A
PREVIOUSLY REMOVED ALIEN (Count 11)

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The Grand Jury charges:

COUNT 1
In or about November 2009, in the Central Division of the District of Utah,
ROBERTO MIRAMONTES ROMAN,
the defendant herein, did knowingly and intentionally distribute a quantity of a mixture or
substance containing a detectable amount of methamphetamine, a Schedule II controlled
substance; all in violation of21 U.S.C. 841(a)(1) and punishable pursuant to 21 U.S.C.
841 (b)(1 )(C).

COUNT 2
In or about November, 2009, in the Central Division of the District of Utah,
ROBERTO MIRAMONTES ROMAN,
the defendant herein, did knowingly possess a firearm, to wit, an AK-47, in furtherance ofa drug
trafficking crime, distribution of methamphetamine, a violation of21 U.S.C. 841 (a)(1), as
alleged in Count 1 of this Indictment, which is incorporated by reference herein; all in violation
of 18 U.S.C. 924(c)(1)(A).
COUNT 3
On or about January 4, 2010, in the Central Division of the District of Utah,
ROBERTO MIRAMONTES ROMAN,
the defendant herein, did knowingly and intentionally distribute a quantity of a mixture or
substance containing a detectable amount of methamphetamine, a Schedule II controlled
substance; all in violation of21 U.S.C. 841(a)(1) and punishable pursuant to 21 U.S.C.
841 (b)(1 )(C).
2

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COUNT 4
On or about January 4, 2010, in the Central Division of the District of Utah,
ROBERTO MIRAMONTES ROMAN,
the defendant herein, did knowingly carry a firearm, to wit, an AK-47 rifle, during and in relation
to a drug trafficking crime, distribution of methamphetamine, a violation of21 U.S.C.
841(a)(1), as alleged in Count 3 of this Indictment, which is incorporated by reference herein; all
in violation of 18 U.S.C. 924(c)(I)(A).
COUNT 5
On or about January 5, 2010, in the Central Division of the District of Utah,
ROBERTO MIRAMONTES ROMAN,
the defendant herein, did knowingly and intentionally distribute a quantity of a mixture or
substance containing a detectable amount of methamphetamine, a Schedule II controlled
substance; all in violation of21 U.S.C. 841(a)(1) and punishable pursuant to 21 U.S.C.
841 (b)(1 )(C).
COUNT 6
On or about January 5, 2010, in the Central Division of the District of Utah,
ROBERTO MIRAMONTES ROMAN,
the defendant herein, did knowingly carry firearms, to wit, an AK-47 rifle and a Bersa .380
handgun, during and in relation to a drug trafficking crime, distribution of methamphetamine, a'
violation of21 U.S.C. 841 (a)(1), as alleged in Count 5 of this Indictment, which is
incorporated by reference herein; all in violation of 18 U.S.C. 924(c)(1)(A).

Case 2:13-cr-00602-DN-DBP Document 1 Filed 09/05/13 Page 4 of 6

COUNT 7
On or about January 5, 2010, in the Central Division of the District of Utah,
ROBERTO MIRAMONTES ROMAN,
the defendant herein, during the commission of, and in furtherance of, and while attempting to
avoid apprehension, prosecution and service of a prison sentence for a felony drug violation, to
wit a violation of21 U.S.C. 841 (a)(1), intentionally killed Millard County Deputy Sheriff Josie
Greathouse Fox, a local law enforcement officer, while Deputy Fox was engaged in, or on
account of, the performance of Deputy Fox's official duties; all in violation of21 U.S.C.
848(e)(I)(B).

COUNT 8
On or about January 5, 2010, in the Central Division ofthe District of Utah,
ROBERTO MIRAMONTES ROMAN,
the defendant herein, did knowingly use and carry and discharge a firearm, to wit, an AK-47
during and in relation to a crime of violence, intentionally killing a local law enforcement officer
engaged in the performance of her official duties, as alleged in Count 7 of this Indictment, which
is incorporated by reference herein; all in violation of 18 U.S.C. 924(c)(1)(A).
COUNT 9
On or about January 5, 2010, in the Central Division of the District of Utah,
ROBERTO MIRAMONTES ROMAN,
the defendant herein, having been convicted of a crime punishable by imprisonment for a term
exceeding one year, knowingly possessed in and affecting interstate commerce firearms, to wit,

Case 2:13-cr-00602-DN-DBP Document 1 Filed 09/05/13 Page 5 of 6

an AK-47 rifle and a Bersa .380 handgun; all in violation of 18 U.S.C. 922(g)(1) and
924(a)(2).
COUNT 10
On or about January 5, 2010, in the Central Division of the District of Utah,
ROBERTO MIRAMONTES ROMAN,
the defendant herein, then being an alien illegally and unlawfully in the United States, did
knowingly possess in and affecting interstate commerce firearms, to wit, an AK-47 rifle and a
Bersa .380 handgun; all in violation of 18 U.S.C. 922(g)(5) and 924(a)(2).
COUNT 11
On or about January 6, 2010, in the Central Division of the District of Utah
ROBERTO MIRAMONTES ROMAN,
the defendant herein, an alien who on or about, September 23,2005, was excluded, removed, and
deported from the United States, did knowingly reenter and was found in the United States in the
District of Utah, having not obtained the consent of the Secretary of the United States
Department of Homeland Security to reapply for admission into the United States; all in violation
of 8 U.S.C. 1326 and punishable pursuant to 8 U.S.C. 1326(b)(2).

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A TRUE BILL:

lsi
FOREPERSON OF THE GRAND JURY

JM~K
DAVID B. BARLOW
United States Attorney

Assistant United States Attorney

~~~uml/S./
t

ANDREWR. CHOATE
Special Assistant United States Attorney