Las Cruces Man Sentenced for Prescription Drug Trafficking

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Las Cruces, N.M. — A Las Cruces man was convicted on Thursday to 18-months in federal court in Las Cruces, according to the U.S. Attorney’s Office.

Kyle Mendenhall was also sentenced three years of supervised release for prescription drug trafficking.

Michael Garret Schavier, 31, Juan Rubalcava, 41, Michael Frye, 26, Shane Smolik, 27, Carlos Teran, 31, and Kristopher Hollingshead, 25, all of Las Cruces, were charged in a 14-count indictment filed December 2012 by a federal grand jury in Las Cruces.

Between December 2011 and May 2012, the defendants conspired illegally to distribute Oxycodone and Adderall in Doña Ana County. The defendants were also charged with possession of Oxycodone and Adderall with the intent to distribute, according to the indictment.

Also according to the indictment, the defendants used fraudulent prescriptions to obtain the prescription drugs from pharmacies in Las Cruces and Alamogordo.

During the six-month period the defendants fraudulently obtained a total of 2,691 pills of 30-milligram Oxycodone, 120 pills of 15-milligram Oxycodone and 390 pills of 30-milligram Adderall with the intent to distribute the pills.

Mendenhall pleaded guilty on Dec. 27, 2013, to one count of conspiracy, one count of distributing Oxycodone and three counts of distributing Oxycodone and Adderall, the indictment said. Between May 3-17, 2012, he admitted he obtained a total of 1,131 tablets of Oxycodone and 210 tablets of Adderall by passing fraudulent prescriptions at various pharmacies, often with the assistance of his co-defendants Schavier and Rubalcava.

All eight defendants have pleaded guilty, according to the U.S. Attorney’s Office.

Rubalcava pleaded guilty on April 18, 2013, and was sentenced on Feb. 11, 2014, to 10 years in prison. Frye pleaded guilty on Jan. 22, 2014, and was sentenced on Aug. 25, 2014, to 1 year in prison. Smolik pleaded guilty on April 11, 2013, and was sentenced on Oct. 9, 2013, to 15 months in prison. Hollingshead pleaded guilty on April 18, 2013, and was sentenced on Sept. 23, 2013, to eight months in prison.

Schavier pleaded guilty on Feb. 11, 2014, and Teran pleaded guilty on Feb. 3, 2014. Both are awaiting sentencing hearings, which have yet to be scheduled.

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