A blind mule is just that, but in the terms of criminal law, it is when a person asserts they did not know he was transporting contraband. This is where the defendant was charged when an FBI/DEA strike force arrested him. Darren Chaker
FindLaw | Holocaust Museum Shooting Suspect's Murder ChargesLegalDocs
This criminal complaint charges James Wenneker Von Brunn with two counts related to a shooting at the United States Holocaust Memorial Museum on June 10, 2009. According to the affidavit, Von Brunn drove to the museum armed with a rifle and shot and killed a security guard when he entered. He was then shot by other security guards and taken into custody. The complaint charges Von Brunn with first degree murder and killing in the course of possessing a firearm in a federal facility based on evidence that he planned and carried out the shooting.
This document summarizes a court case regarding a same-sex couple challenging California's Proposition 8, which banned same-sex marriage. The court granted California's motion to dismiss, finding that the plaintiffs lacked standing to challenge Proposition 8. Specifically, the court found that the plaintiffs did not demonstrate a concrete and particularized injury, or that their injury could be redressed by a favorable court decision, which are both requirements for standing. This was the second time the plaintiffs had brought similar challenges to the court regarding same-sex marriage bans.
FindLaw | Court of Appeals Reverses Entry Bar to Islamic ScholarLegalDocs
This document summarizes a United States Court of Appeals case regarding the denial of a visa for Tariq Ramadan, an Islamic scholar. The three organizational plaintiffs claimed the denial violated their First Amendment right to have Ramadan share his views in the US. The government denied the visa because Ramadan had contributed funds to a charity that supported Hamas, which the government deemed material support to a terrorist organization. The Court of Appeals concluded that the consular officer who denied the visa did not properly confront Ramadan with the allegations, which prevented Ramadan from demonstrating that he did not know the charity supported terrorism. The Court vacated the decision and remanded the case for further proceedings.
Ex-CIA John Kiriakou Complaint-Affidavit-Releaseglobalnewsuk
Ex-CIA agent John Kiriakou charged over leaks : An ex-CIA agent leaked the names of other covert operatives to the media, the US justice department said.
John Kiriakou is accused of disclosing the names of agents who interrogated a suspected al-Qaeda financier, who was allegedly waterboarded 83 times.
Prosecutors say the probe started after lawyers for suspected terrorists filed a legal brief including details not provided by the government.
Mr Kiriakou, 47, will appear in court in Alexandria, Virginia, on Monday.
He is suspected of leaking classified information to reporters, who in turn provided information to the defence teams of the suspected terrorists.
During a recent interview with the FBI, Mr Kiriakou denied releasing the identity of classified agents, according to a sworn affidavit.
In particular, Mr Kiriakou was asked whether he released to the New York Times in 2008 the name of an officer who helped interrogation of the suspected al-Qaeda financier, Abu Zubaydah.
Mr Kiriakou responded: "Heavens no," according to the affidavit.
Waterboarding revelation
Information about the interrogation, which took place in 2002, was classified at the time.
Mr Zubaydah was detained in Pakistan in 2002 and his case has been used as an example by critics of waterboarding as an interrogation technique.
The affidavit also alleges that photographs of the CIA agent who was involved in the interrogations were found in possession of Guantanamo Bay detainees.
In 2007, Mr Kiriakou said in an interview with ABC News that waterboarding had been used to break down Mr Zubaydah. He later worked as a consultant for the US news network.
He is also charged with lying to the CIA in order to publish a book, entitled The Reluctant Spy: My Secret Life in the CIA's War on Terror.
Mr Kiriakou was an agent with the CIA between 1990 and 2004.
"Safeguarding classified information, including the identities of CIA officers involved in sensitive operations, is critical to keeping our intelligence officers safe and protecting our national security,'' US Attorney General Eric Holder said, calling it a "solemn duty" not to reveal classified information.
Usa vs. arhndt judge says police need a warrant to view files on wireless n...Umesh Heendeniya
This document provides background on a case involving the suppression of evidence obtained without a warrant. John Henry Ahrndt was indicted on child pornography charges. His motion to suppress was initially denied but was later granted by the Ninth Circuit which remanded the case. At a second evidentiary hearing, testimony was provided that a neighbor had connected to Ahrndt's unsecured wireless network and viewed file names suggesting child pornography. Police were contacted and viewed one image before losing the connection. Ahrndt now moves again to suppress the evidence against him.
This document is a court opinion from the District Court of Appeal of Florida regarding Daniel Guevara-Vilca's appeal of his convictions for possession of child pornography. The court found that the State committed a discovery violation by failing to disclose a statement Guevara-Vilca made to police before receiving his Miranda rights. This violation prejudiced the defense because it prevented them from pursuing suppression of all of Guevara-Vilca's statements. As a result, the court reversed the convictions and remanded for a new trial. The court also noted the sentencing issue of whether a life sentence in this case would constitute cruel and unusual punishment should be seriously considered if Guevara-Vilca is
Ex cia officer v do j on covert merlin agentAnonDownload
This document discusses a case involving the disclosure of classified national defense information. It summarizes the lengthy pre-trial proceedings in the case that were caused in part by the defendant refusing a brief continuance and instead forcing an interlocutory appeal. It also questions the credibility of a defense witness, David Manners, who provided an unsworn letter supporting the defendant's claim that his disclosures caused little harm. Manners had previously testified under oath before a grand jury that the defendant was the source for a journalist's book, but later recanted his testimony just before trial. The document argues the trial evidence established harm from the defendant's actions and that Manners' late recantation and unsworn letter should be disreg
This document summarizes a Philippine Supreme Court decision regarding an extradition case. It discusses two key issues: 1) Whether an individual subject to an extradition request is entitled to notice and a hearing before an arrest warrant can be issued, and 2) Whether such an individual is entitled to bail and provisional liberty while extradition proceedings are pending. The Court rules that, in general, individuals are not entitled to notice and a hearing before arrest or to bail during extradition proceedings. However, the Court provides explanations for this rule and outlines exceptions. The case involved a request by the US for the extradition of Mark Jimenez from the Philippines to face criminal charges in the US.
FindLaw | Holocaust Museum Shooting Suspect's Murder ChargesLegalDocs
This criminal complaint charges James Wenneker Von Brunn with two counts related to a shooting at the United States Holocaust Memorial Museum on June 10, 2009. According to the affidavit, Von Brunn drove to the museum armed with a rifle and shot and killed a security guard when he entered. He was then shot by other security guards and taken into custody. The complaint charges Von Brunn with first degree murder and killing in the course of possessing a firearm in a federal facility based on evidence that he planned and carried out the shooting.
This document summarizes a court case regarding a same-sex couple challenging California's Proposition 8, which banned same-sex marriage. The court granted California's motion to dismiss, finding that the plaintiffs lacked standing to challenge Proposition 8. Specifically, the court found that the plaintiffs did not demonstrate a concrete and particularized injury, or that their injury could be redressed by a favorable court decision, which are both requirements for standing. This was the second time the plaintiffs had brought similar challenges to the court regarding same-sex marriage bans.
FindLaw | Court of Appeals Reverses Entry Bar to Islamic ScholarLegalDocs
This document summarizes a United States Court of Appeals case regarding the denial of a visa for Tariq Ramadan, an Islamic scholar. The three organizational plaintiffs claimed the denial violated their First Amendment right to have Ramadan share his views in the US. The government denied the visa because Ramadan had contributed funds to a charity that supported Hamas, which the government deemed material support to a terrorist organization. The Court of Appeals concluded that the consular officer who denied the visa did not properly confront Ramadan with the allegations, which prevented Ramadan from demonstrating that he did not know the charity supported terrorism. The Court vacated the decision and remanded the case for further proceedings.
Ex-CIA John Kiriakou Complaint-Affidavit-Releaseglobalnewsuk
Ex-CIA agent John Kiriakou charged over leaks : An ex-CIA agent leaked the names of other covert operatives to the media, the US justice department said.
John Kiriakou is accused of disclosing the names of agents who interrogated a suspected al-Qaeda financier, who was allegedly waterboarded 83 times.
Prosecutors say the probe started after lawyers for suspected terrorists filed a legal brief including details not provided by the government.
Mr Kiriakou, 47, will appear in court in Alexandria, Virginia, on Monday.
He is suspected of leaking classified information to reporters, who in turn provided information to the defence teams of the suspected terrorists.
During a recent interview with the FBI, Mr Kiriakou denied releasing the identity of classified agents, according to a sworn affidavit.
In particular, Mr Kiriakou was asked whether he released to the New York Times in 2008 the name of an officer who helped interrogation of the suspected al-Qaeda financier, Abu Zubaydah.
Mr Kiriakou responded: "Heavens no," according to the affidavit.
Waterboarding revelation
Information about the interrogation, which took place in 2002, was classified at the time.
Mr Zubaydah was detained in Pakistan in 2002 and his case has been used as an example by critics of waterboarding as an interrogation technique.
The affidavit also alleges that photographs of the CIA agent who was involved in the interrogations were found in possession of Guantanamo Bay detainees.
In 2007, Mr Kiriakou said in an interview with ABC News that waterboarding had been used to break down Mr Zubaydah. He later worked as a consultant for the US news network.
He is also charged with lying to the CIA in order to publish a book, entitled The Reluctant Spy: My Secret Life in the CIA's War on Terror.
Mr Kiriakou was an agent with the CIA between 1990 and 2004.
"Safeguarding classified information, including the identities of CIA officers involved in sensitive operations, is critical to keeping our intelligence officers safe and protecting our national security,'' US Attorney General Eric Holder said, calling it a "solemn duty" not to reveal classified information.
Usa vs. arhndt judge says police need a warrant to view files on wireless n...Umesh Heendeniya
This document provides background on a case involving the suppression of evidence obtained without a warrant. John Henry Ahrndt was indicted on child pornography charges. His motion to suppress was initially denied but was later granted by the Ninth Circuit which remanded the case. At a second evidentiary hearing, testimony was provided that a neighbor had connected to Ahrndt's unsecured wireless network and viewed file names suggesting child pornography. Police were contacted and viewed one image before losing the connection. Ahrndt now moves again to suppress the evidence against him.
This document is a court opinion from the District Court of Appeal of Florida regarding Daniel Guevara-Vilca's appeal of his convictions for possession of child pornography. The court found that the State committed a discovery violation by failing to disclose a statement Guevara-Vilca made to police before receiving his Miranda rights. This violation prejudiced the defense because it prevented them from pursuing suppression of all of Guevara-Vilca's statements. As a result, the court reversed the convictions and remanded for a new trial. The court also noted the sentencing issue of whether a life sentence in this case would constitute cruel and unusual punishment should be seriously considered if Guevara-Vilca is
Ex cia officer v do j on covert merlin agentAnonDownload
This document discusses a case involving the disclosure of classified national defense information. It summarizes the lengthy pre-trial proceedings in the case that were caused in part by the defendant refusing a brief continuance and instead forcing an interlocutory appeal. It also questions the credibility of a defense witness, David Manners, who provided an unsworn letter supporting the defendant's claim that his disclosures caused little harm. Manners had previously testified under oath before a grand jury that the defendant was the source for a journalist's book, but later recanted his testimony just before trial. The document argues the trial evidence established harm from the defendant's actions and that Manners' late recantation and unsworn letter should be disreg
This document summarizes a Philippine Supreme Court decision regarding an extradition case. It discusses two key issues: 1) Whether an individual subject to an extradition request is entitled to notice and a hearing before an arrest warrant can be issued, and 2) Whether such an individual is entitled to bail and provisional liberty while extradition proceedings are pending. The Court rules that, in general, individuals are not entitled to notice and a hearing before arrest or to bail during extradition proceedings. However, the Court provides explanations for this rule and outlines exceptions. The case involved a request by the US for the extradition of Mark Jimenez from the Philippines to face criminal charges in the US.
Three sentences:
Aniruddha Sherbow has been charged in the District of Columbia with transmitting threats in interstate commerce for leaving a threatening voicemail for Congresswoman Tulsi Gabbard and sending an email threatening to decapitate her. He was arrested in California based on these charges and is appearing for an initial appearance in federal court there. The documents provide details of the threatening communications and establish probable cause for the arrest.
Inmate edward greenwald v warden glenn snowdenAnonDownload
The document is a court order dismissing a habeas corpus petition filed on behalf of 11 inmates at various prisons by an inmate at a Pennsylvania prison. The court order finds that the petition was vague and frivolous. Additionally, inmates cannot file lawsuits on behalf of other inmates. The court identifies this as the latest in a series of frivolous filings originating from the same Pennsylvania prison and dismisses the petition.
This document summarizes significant litigation cases involving Malcolm Ross, Senior Counsel for the Attorney General of Washington. It describes 6 cases where Ross represented the state. The cases involved the civil commitment of sexually violent predators and whether they received ineffective counsel or their civil rights were violated. In all cases, the trial court decisions were ultimately affirmed on appeal, resulting in the civil commitment of the individuals in question.
Defendants’ reply brief in response to plaintiff’s response brief and in supp...Cocoselul Inaripat
This document is a reply brief filed by the defendants in response to the plaintiff's response brief and in support of the defendants' motion for summary judgment. It summarizes that the plaintiff was transferred to a community corrections facility operated by Dismas Charities as part of his transition from federal prison back into the community. It alleges that the plaintiff violated rules of his placement by driving without permission and possessing a cell phone. As a result, Dismas reported the violations to the Bureau of Prisons, which returned the plaintiff to prison to serve the remaining 68 days of his sentence. The defendants argue they are entitled to summary judgment on the plaintiff's tort claims of false arrest, assault, battery, and malicious prosecution.
This document is a reply brief filed by defendants in response to the plaintiff's response brief and in support of the defendants' motion for summary judgment. It summarizes that the plaintiff was transferred to a community corrections facility (Dismas) as a transition from federal prison, and agreed to follow its rules. However, the plaintiff admitted driving without permission and possessing a cell phone, in violation of the rules. As a result, he was returned to federal prison to serve the remaining 68 days of his sentence. The brief argues the defendants are entitled to summary judgment on the plaintiff's claims of false arrest, assault, malicious prosecution, abuse of process, negligence and constitutional violations, as the plaintiff cannot prove the elements of these claims or that
This document is an order from a bankruptcy court case staying an adversary proceeding pending resolution of a related state court case. The order schedules a continued status conference in the bankruptcy court for October 6, 2009 and every 90 days thereafter until judgments on liability and damages are issued in the state court case, or until further court order. The parties must submit a joint status report 14 days before each conference.
This order grants default judgment in favor of the plaintiff, Igor Malenko, in a lawsuit against Lori Handrahan. The court found that Handrahan made repeated false allegations against Malenko, including claims of abuse, mental illness, and sexual abuse of their child. These false claims interfered with Malenko's parental rights and caused emotional harm to their child. The court awarded Malenko $450,000 in damages for his individual claims and $300,000 for claims brought on behalf of his minor child.
This order grants the defendant's motion to revoke the magistrate judge's detention order and orders the defendant's pretrial release. The court conducted an independent review and found that there are conditions that can be imposed to address the risk of flight and safety concerns. The charges involve communicating national defense information and retaining classified documents. The government argued the defendant posed a flight risk and danger due to the sensitive information he had access to, while the defendant argued pretrial detention was not authorized based solely on danger to the community. The court considered the relevant factors and found pretrial release was appropriate with conditions.
Federal court order from Nevada, Fourth Amendment issues, detailing illegal detention. Darren Chaker, writes frequently on such issues and was provided the order to help educate people on rights and judicial cases impacting every day life.
This complaint was filed in the United States District Court for the District of South Carolina by Howard K. Stern as the executor of Anna Nicole Smith's estate against Stancil "Ford" Shelley, G. Ben Thompson, and unnamed defendants. It alleges that less than 24 hours after Smith's death, Shelley entered her Bahamas home without authorization, removed numerous personal and private items, and provided some of these items to media outlets. The complaint brings causes of action related to the unauthorized removal and distribution of Smith's personal property.
This document summarizes a law review article that examines differing interpretations among circuit courts of the mens rea (mental state) requirement for conviction under 21 U.S.C. § 841, which criminalizes possession or distribution of chemicals knowing or having reasonable cause to believe they will be used to make controlled substances. Most circuits require the prosecution to prove the defendant had reasonable cause to believe this would occur, using an objective standard, while the 10th Circuit requires proving actual knowledge, a subjective standard. The author explores the debate between objective and subjective mens rea standards.
The document is a 13-page excerpt from a memorandum analyzing Georgia's Right-and-Wrong test for the insanity defense. It discusses the evolution of the M'Naghten test that Georgia's law is based on, including variations such as considering cognitive incapacity or moral incapacity. It also notes criticism of the Right-and-Wrong test for failing to consider a defendant's volition or ability to control their actions due to mental illness. The memorandum was written by Deborah Dickson for an Assistant Public Defender to analyze the insanity defense in a case involving a mother who killed her children.
MOTION TO FREEZE DOCUMENTS, ASSETS, OF DEFENDANT ANTOINE L. FREEMAN J.D., "At...Louis Charles Hamilton II
This document is a motion filed by Louis Charles Hamilton II (the plaintiff) requesting a temporary restraining order and order to freeze the documents, records, and assets of defendant Antoine L. Freeman (an attorney) and co-defendants Joyce Guy and Edward McCray. The motion alleges that the defendants committed fraud, obstruction of justice, and violated RICO statutes in relation to civil suit number A-180805. It requests that the court issue orders prohibiting the destruction of records and freezing the defendants' assets until the case is resolved.
This document is an affidavit in support of an application for a search warrant of a residence in Urbandale, Iowa as part of an ongoing criminal investigation. The affidavit provides background details on the investigation, which involves allegations of ongoing criminal conduct, conspiracy, solicitation, extortion, and witness tampering against Tracey Richter. It outlines a complex set of events involving Richter, her ex-husbands Dr. John Pitman and Michael Roberts, and a man named Dustin Wehde who was shot and killed by Richter in 2001 during an alleged home invasion.
Assignment 1 (Doesn’t have to be full page, citation is a MUST).docxtrippettjettie
Assignment 1 (Doesn’t have to be full page, citation is a MUST):
Kesha has invited her friend Carrie to go home with her over the school’s short holiday break. Kesha, like many African Americans, has a rich spiritual tradition that permeates most areas of her life. In addition, Kesha is close to her immediate and extended family. Carrie, on the other hand, comes from a predominantly Caucasian Presbyterian background, is an only child, and rarely sees any of her extended family.
During her visit, Carrie is noticeably uncomfortable with the vastly different dynamics of Kesha’s family. Carrie is rethinking her friendship with Kesha and wants to withdraw from her.
How will you help Carrie understand the cultural values inherent in the African American culture and how these might be affecting her?
Suggest ways in which Kesha could build a bridge to help Carrie understand the African American culture.
Assignment 2 (2 pages, CITATION IS A MUST):
Reflections on Racial Discrimination
Franklin hears about people being discriminated against at the workplace and in society but rarely experiences it first hand. Cortez, on the other hand, speaks English poorly and is often subject to derogatory comments from peers and coworkers.
Reflect on your experience with racial discrimination.
Identify examples of racial discrimination and provide examples you have personally witnessed or heard about firsthand from the following three realms:
· family
· work place
· community
Write a brief summary that includes the following:
· Describe a racial incident pertaining to each realm in detail. Explain why you believe this is racial discrimination.
· Explain how this situation could have been handled to avoid discrimination against those belonging to another race.
Your response should be at least two pages long. All written assignments and responses should follow APA rules for attributing sources.
Supreme Court of Tennessee,
at Nashville.
STATE of Tennessee
v.
Eric FLEMMING.
April 3, 2000.
Defendant was convicted in the Criminal
Court, Davidson County, Seth Norman, J., of espe-
cially aggravated robbery, and defendant appealed.
The Court of Criminal Appeals, Tipton, J., re-
versed. Upon granting state's petition for permis-
sion to appeal, the Supreme Court, Barker, J., held
that: (1) defendant's fists and feet were not deadly
weapons, and (2) evidence was sufficient to support
instruction on facilitation as lesser-included offense
of aggravated robbery.
Affirmed and remanded.
West Headnotes
[1] Statutes 361 1072
361 Statutes
361III Construction
361III(A) In General
361k1071 Intent
361k1072 k. In general. Most Cited
Cases
(Formerly 361k181(1))
Supreme Court's role in construing statutes is
to give effect to legislative intent without unduly
restricting or expanding statute's coverage beyond
its intended scope.
[2] Statutes 361 1092
361 Statutes
361III Construction
361III(B) Plain Language; Plain, Ordinary,
or Common Meaning
361k1092 k. ...
This document is a motion filed by the State of Texas seeking to file a bill of complaint against Pennsylvania, Georgia, Michigan, and Wisconsin challenging their administration of the 2020 presidential election. Texas alleges that these states unconstitutionally changed their election laws, resulting in significant irregularities. Texas argues that non-legislative actors improperly amended election statutes, treated voters differently in different areas, and weakened ballot integrity measures. Texas requests that the Supreme Court delay the deadline for states to certify electors to allow investigations into these issues.
This document is a memorandum and order from a federal district court case regarding a motion for summary judgment to prevent the foreclosure of a property. It provides background on the procedural posture of the case, including that the plaintiff obtained counsel and was given additional time to respond to the motion. It also summarizes the key facts, including that MERS was the original mortgagee, later assigning the mortgage to Aurora, and that Deutsche Bank is now the note holder. The court will determine if the assignment to Aurora was valid and if Aurora has standing to foreclose.
Douglas E. Metzger was convicted in the municipal court of the cit.docxmadlynplamondon
Douglas E. Metzger was convicted in the municipal court of the city of Lincoln, Nebraska, of violating § 9 .52.100 of the Lincoln Municipal Code. The District Court, Lancaster County, affirmed the District Court judgment. Metzger appealed to the Nebraska Supreme Court. The Supreme Court reversed and dismissed the District Court's judgment. KRIVOSHA, CJ.
FACTS Metzger lived in a garden-level apartment located in Lincoln, Nebraska. A large window in the apartment faces a parking lot that is situated on the north side of the apartment building. At about 7:45 A.M. on April 30, 1981, another resident of the apartment, while parking his automobile in a space directly in front of Metzger's apartment window, observed Metzger standing naked with his arms at his sides in his apartment window for a period of five seconds. The resident testified that he saw Metzger's body from his thighs on up.
The resident called the police department, and two officers arrived at the apartment at about 8:00 A.M. The officers testified that they observed Metzger standing in front of the window eating a bowl of cereal. They testified that Metzger was standing within a foot of the window, and his nude body, from the mid-thigh on up, was visible. The pertinent portion of § 9.52.100 of the Lincoln Municipal Code, under which Metzger was charged, provides as follows: "It shall be unlawful for any person within the City of Lincoln ... to commit any indecent, immodest or filthy act in the presence of any person, or in such a situation that persons passing might ordinarily see the same."
OPINION
The ... issue presented to us by this appeal is whether the ordinance, as drafted, is so vague as to be unconstitutional. We believe that it is. Since the ordinance is criminal in nature, it is a fundamental requirement of due process of law that such criminal ordinance be reasonably clear and definite.
The ordinance in question makes it unlawful for anyone to commit any "indecent, immodest or filthy act." We know of no way in which the standards required of a criminal act can be met in those broad, general terms. There may be those few who believe persons of opposite sex holding hands in public are immodest, and certainly more who might believe that kissing in public is immodest. Such acts cannot constitute a crime. Certainly one could find many who would conclude that today's swimming attire found on many beaches or beside many pools is immodest. Yet, the fact that it is immodest does not thereby make it illegal, absent some requirement related to the health, safety, or welfare of the community.
The dividing line between what is lawful and what is unlawful in terms of "indecent," "immodest," or "filthy" is simply too broad to satisfy the constitutional requirements of due process. Both lawful and unlawful acts can be embraced within such broad definitions. That cannot be permitted. One is not able to determine in advance what is lawful and what is unlawful. We therefore believe t ...
USA vs. Joe Rickey Hundley, by US District Court for N. GeorgiaUmesh Heendeniya
Joe Ricky Hundlely is accused of assaulting a 2-year old child on a Delta Airlines flight from Minneapolis to Atlanta. According to witness statements, Hundlely told the child's mother to shut her "N word" baby up, then turned and slapped the crying child in the face, leaving a scratch below his eye. This occurred while the plane was in the special aircraft jurisdiction of the United States, violating federal assault statutes.
Three sentences:
Aniruddha Sherbow has been charged in the District of Columbia with transmitting threats in interstate commerce for leaving a threatening voicemail for Congresswoman Tulsi Gabbard and sending an email threatening to decapitate her. He was arrested in California based on these charges and is appearing for an initial appearance in federal court there. The documents provide details of the threatening communications and establish probable cause for the arrest.
Inmate edward greenwald v warden glenn snowdenAnonDownload
The document is a court order dismissing a habeas corpus petition filed on behalf of 11 inmates at various prisons by an inmate at a Pennsylvania prison. The court order finds that the petition was vague and frivolous. Additionally, inmates cannot file lawsuits on behalf of other inmates. The court identifies this as the latest in a series of frivolous filings originating from the same Pennsylvania prison and dismisses the petition.
This document summarizes significant litigation cases involving Malcolm Ross, Senior Counsel for the Attorney General of Washington. It describes 6 cases where Ross represented the state. The cases involved the civil commitment of sexually violent predators and whether they received ineffective counsel or their civil rights were violated. In all cases, the trial court decisions were ultimately affirmed on appeal, resulting in the civil commitment of the individuals in question.
Defendants’ reply brief in response to plaintiff’s response brief and in supp...Cocoselul Inaripat
This document is a reply brief filed by the defendants in response to the plaintiff's response brief and in support of the defendants' motion for summary judgment. It summarizes that the plaintiff was transferred to a community corrections facility operated by Dismas Charities as part of his transition from federal prison back into the community. It alleges that the plaintiff violated rules of his placement by driving without permission and possessing a cell phone. As a result, Dismas reported the violations to the Bureau of Prisons, which returned the plaintiff to prison to serve the remaining 68 days of his sentence. The defendants argue they are entitled to summary judgment on the plaintiff's tort claims of false arrest, assault, battery, and malicious prosecution.
This document is a reply brief filed by defendants in response to the plaintiff's response brief and in support of the defendants' motion for summary judgment. It summarizes that the plaintiff was transferred to a community corrections facility (Dismas) as a transition from federal prison, and agreed to follow its rules. However, the plaintiff admitted driving without permission and possessing a cell phone, in violation of the rules. As a result, he was returned to federal prison to serve the remaining 68 days of his sentence. The brief argues the defendants are entitled to summary judgment on the plaintiff's claims of false arrest, assault, malicious prosecution, abuse of process, negligence and constitutional violations, as the plaintiff cannot prove the elements of these claims or that
This document is an order from a bankruptcy court case staying an adversary proceeding pending resolution of a related state court case. The order schedules a continued status conference in the bankruptcy court for October 6, 2009 and every 90 days thereafter until judgments on liability and damages are issued in the state court case, or until further court order. The parties must submit a joint status report 14 days before each conference.
This order grants default judgment in favor of the plaintiff, Igor Malenko, in a lawsuit against Lori Handrahan. The court found that Handrahan made repeated false allegations against Malenko, including claims of abuse, mental illness, and sexual abuse of their child. These false claims interfered with Malenko's parental rights and caused emotional harm to their child. The court awarded Malenko $450,000 in damages for his individual claims and $300,000 for claims brought on behalf of his minor child.
This order grants the defendant's motion to revoke the magistrate judge's detention order and orders the defendant's pretrial release. The court conducted an independent review and found that there are conditions that can be imposed to address the risk of flight and safety concerns. The charges involve communicating national defense information and retaining classified documents. The government argued the defendant posed a flight risk and danger due to the sensitive information he had access to, while the defendant argued pretrial detention was not authorized based solely on danger to the community. The court considered the relevant factors and found pretrial release was appropriate with conditions.
Federal court order from Nevada, Fourth Amendment issues, detailing illegal detention. Darren Chaker, writes frequently on such issues and was provided the order to help educate people on rights and judicial cases impacting every day life.
This complaint was filed in the United States District Court for the District of South Carolina by Howard K. Stern as the executor of Anna Nicole Smith's estate against Stancil "Ford" Shelley, G. Ben Thompson, and unnamed defendants. It alleges that less than 24 hours after Smith's death, Shelley entered her Bahamas home without authorization, removed numerous personal and private items, and provided some of these items to media outlets. The complaint brings causes of action related to the unauthorized removal and distribution of Smith's personal property.
This document summarizes a law review article that examines differing interpretations among circuit courts of the mens rea (mental state) requirement for conviction under 21 U.S.C. § 841, which criminalizes possession or distribution of chemicals knowing or having reasonable cause to believe they will be used to make controlled substances. Most circuits require the prosecution to prove the defendant had reasonable cause to believe this would occur, using an objective standard, while the 10th Circuit requires proving actual knowledge, a subjective standard. The author explores the debate between objective and subjective mens rea standards.
The document is a 13-page excerpt from a memorandum analyzing Georgia's Right-and-Wrong test for the insanity defense. It discusses the evolution of the M'Naghten test that Georgia's law is based on, including variations such as considering cognitive incapacity or moral incapacity. It also notes criticism of the Right-and-Wrong test for failing to consider a defendant's volition or ability to control their actions due to mental illness. The memorandum was written by Deborah Dickson for an Assistant Public Defender to analyze the insanity defense in a case involving a mother who killed her children.
MOTION TO FREEZE DOCUMENTS, ASSETS, OF DEFENDANT ANTOINE L. FREEMAN J.D., "At...Louis Charles Hamilton II
This document is a motion filed by Louis Charles Hamilton II (the plaintiff) requesting a temporary restraining order and order to freeze the documents, records, and assets of defendant Antoine L. Freeman (an attorney) and co-defendants Joyce Guy and Edward McCray. The motion alleges that the defendants committed fraud, obstruction of justice, and violated RICO statutes in relation to civil suit number A-180805. It requests that the court issue orders prohibiting the destruction of records and freezing the defendants' assets until the case is resolved.
This document is an affidavit in support of an application for a search warrant of a residence in Urbandale, Iowa as part of an ongoing criminal investigation. The affidavit provides background details on the investigation, which involves allegations of ongoing criminal conduct, conspiracy, solicitation, extortion, and witness tampering against Tracey Richter. It outlines a complex set of events involving Richter, her ex-husbands Dr. John Pitman and Michael Roberts, and a man named Dustin Wehde who was shot and killed by Richter in 2001 during an alleged home invasion.
Assignment 1 (Doesn’t have to be full page, citation is a MUST).docxtrippettjettie
Assignment 1 (Doesn’t have to be full page, citation is a MUST):
Kesha has invited her friend Carrie to go home with her over the school’s short holiday break. Kesha, like many African Americans, has a rich spiritual tradition that permeates most areas of her life. In addition, Kesha is close to her immediate and extended family. Carrie, on the other hand, comes from a predominantly Caucasian Presbyterian background, is an only child, and rarely sees any of her extended family.
During her visit, Carrie is noticeably uncomfortable with the vastly different dynamics of Kesha’s family. Carrie is rethinking her friendship with Kesha and wants to withdraw from her.
How will you help Carrie understand the cultural values inherent in the African American culture and how these might be affecting her?
Suggest ways in which Kesha could build a bridge to help Carrie understand the African American culture.
Assignment 2 (2 pages, CITATION IS A MUST):
Reflections on Racial Discrimination
Franklin hears about people being discriminated against at the workplace and in society but rarely experiences it first hand. Cortez, on the other hand, speaks English poorly and is often subject to derogatory comments from peers and coworkers.
Reflect on your experience with racial discrimination.
Identify examples of racial discrimination and provide examples you have personally witnessed or heard about firsthand from the following three realms:
· family
· work place
· community
Write a brief summary that includes the following:
· Describe a racial incident pertaining to each realm in detail. Explain why you believe this is racial discrimination.
· Explain how this situation could have been handled to avoid discrimination against those belonging to another race.
Your response should be at least two pages long. All written assignments and responses should follow APA rules for attributing sources.
Supreme Court of Tennessee,
at Nashville.
STATE of Tennessee
v.
Eric FLEMMING.
April 3, 2000.
Defendant was convicted in the Criminal
Court, Davidson County, Seth Norman, J., of espe-
cially aggravated robbery, and defendant appealed.
The Court of Criminal Appeals, Tipton, J., re-
versed. Upon granting state's petition for permis-
sion to appeal, the Supreme Court, Barker, J., held
that: (1) defendant's fists and feet were not deadly
weapons, and (2) evidence was sufficient to support
instruction on facilitation as lesser-included offense
of aggravated robbery.
Affirmed and remanded.
West Headnotes
[1] Statutes 361 1072
361 Statutes
361III Construction
361III(A) In General
361k1071 Intent
361k1072 k. In general. Most Cited
Cases
(Formerly 361k181(1))
Supreme Court's role in construing statutes is
to give effect to legislative intent without unduly
restricting or expanding statute's coverage beyond
its intended scope.
[2] Statutes 361 1092
361 Statutes
361III Construction
361III(B) Plain Language; Plain, Ordinary,
or Common Meaning
361k1092 k. ...
This document is a motion filed by the State of Texas seeking to file a bill of complaint against Pennsylvania, Georgia, Michigan, and Wisconsin challenging their administration of the 2020 presidential election. Texas alleges that these states unconstitutionally changed their election laws, resulting in significant irregularities. Texas argues that non-legislative actors improperly amended election statutes, treated voters differently in different areas, and weakened ballot integrity measures. Texas requests that the Supreme Court delay the deadline for states to certify electors to allow investigations into these issues.
This document is a memorandum and order from a federal district court case regarding a motion for summary judgment to prevent the foreclosure of a property. It provides background on the procedural posture of the case, including that the plaintiff obtained counsel and was given additional time to respond to the motion. It also summarizes the key facts, including that MERS was the original mortgagee, later assigning the mortgage to Aurora, and that Deutsche Bank is now the note holder. The court will determine if the assignment to Aurora was valid and if Aurora has standing to foreclose.
Douglas E. Metzger was convicted in the municipal court of the cit.docxmadlynplamondon
Douglas E. Metzger was convicted in the municipal court of the city of Lincoln, Nebraska, of violating § 9 .52.100 of the Lincoln Municipal Code. The District Court, Lancaster County, affirmed the District Court judgment. Metzger appealed to the Nebraska Supreme Court. The Supreme Court reversed and dismissed the District Court's judgment. KRIVOSHA, CJ.
FACTS Metzger lived in a garden-level apartment located in Lincoln, Nebraska. A large window in the apartment faces a parking lot that is situated on the north side of the apartment building. At about 7:45 A.M. on April 30, 1981, another resident of the apartment, while parking his automobile in a space directly in front of Metzger's apartment window, observed Metzger standing naked with his arms at his sides in his apartment window for a period of five seconds. The resident testified that he saw Metzger's body from his thighs on up.
The resident called the police department, and two officers arrived at the apartment at about 8:00 A.M. The officers testified that they observed Metzger standing in front of the window eating a bowl of cereal. They testified that Metzger was standing within a foot of the window, and his nude body, from the mid-thigh on up, was visible. The pertinent portion of § 9.52.100 of the Lincoln Municipal Code, under which Metzger was charged, provides as follows: "It shall be unlawful for any person within the City of Lincoln ... to commit any indecent, immodest or filthy act in the presence of any person, or in such a situation that persons passing might ordinarily see the same."
OPINION
The ... issue presented to us by this appeal is whether the ordinance, as drafted, is so vague as to be unconstitutional. We believe that it is. Since the ordinance is criminal in nature, it is a fundamental requirement of due process of law that such criminal ordinance be reasonably clear and definite.
The ordinance in question makes it unlawful for anyone to commit any "indecent, immodest or filthy act." We know of no way in which the standards required of a criminal act can be met in those broad, general terms. There may be those few who believe persons of opposite sex holding hands in public are immodest, and certainly more who might believe that kissing in public is immodest. Such acts cannot constitute a crime. Certainly one could find many who would conclude that today's swimming attire found on many beaches or beside many pools is immodest. Yet, the fact that it is immodest does not thereby make it illegal, absent some requirement related to the health, safety, or welfare of the community.
The dividing line between what is lawful and what is unlawful in terms of "indecent," "immodest," or "filthy" is simply too broad to satisfy the constitutional requirements of due process. Both lawful and unlawful acts can be embraced within such broad definitions. That cannot be permitted. One is not able to determine in advance what is lawful and what is unlawful. We therefore believe t ...
USA vs. Joe Rickey Hundley, by US District Court for N. GeorgiaUmesh Heendeniya
Joe Ricky Hundlely is accused of assaulting a 2-year old child on a Delta Airlines flight from Minneapolis to Atlanta. According to witness statements, Hundlely told the child's mother to shut her "N word" baby up, then turned and slapped the crying child in the face, leaving a scratch below his eye. This occurred while the plane was in the special aircraft jurisdiction of the United States, violating federal assault statutes.
This document is a third amended complaint filed in federal district court in Hawaii by three Honolulu police officers against the City and County of Honolulu and numerous HPD officials. The complaint alleges racial and gender discrimination, retaliation, constitutional violations, and other claims under state and federal law. It provides background information on the three plaintiff officers and their careers with HPD. It also identifies the defendants which include the City/County of Honolulu, former and current HPD chiefs, and other supervising HPD officers. The complaint asserts that the plaintiff officers have been subjected to mistreatment due to racial and gender prejudice.
This document summarizes a ruling by the Supreme Court of California regarding challenges to Proposition 8, a ballot initiative that amended the state constitution to define marriage as only between a man and a woman. The court found that Proposition 8 constituted a valid constitutional amendment, rather than a revision, and was therefore properly enacted through the ballot initiative process. It determined that Proposition 8 had a narrow effect of reserving the designation of marriage for opposite-sex couples while leaving other rights of same-sex couples intact.
- Congressman James Sensenbrenner, author of the Patriot Act, filed an amicus brief in support of plaintiffs challenging the NSA's mass telephone metadata collection program.
- He argues that Congress intended to authorize collection of documents and records only upon a showing of relevance to an authorized investigation, not a blanket collection of all telephone call records.
- Sensenbrenner also asserts that Congress did not intend to authorize indiscriminate collection of data on every telephone call to or from the US, which violates the privacy of millions of innocent Americans.
This document summarizes a Supreme Court of California case regarding challenges to Proposition 8, a ballot initiative that amended the state constitution to define marriage as only between a man and a woman. The court finds that Proposition 8 constitutes a constitutional amendment, not a revision, and is therefore a valid exercise of the people's right to change the state constitution. The court explains that Proposition 8 has a narrow effect of reserving the designation of marriage for opposite-sex couples while leaving other rights of same-sex couples intact. It also finds no basis to exempt constitutional rights from modification by amendment approved by majority vote through the initiative process.
Inmate edward greenwald v warden glenn snowdenAnonDownload
The document is a court order dismissing a habeas corpus petition filed on behalf of 11 inmates at various prisons by an inmate at a Pennsylvania prison. The court order finds that the petition was vague and frivolous. Additionally, inmates cannot file lawsuits on behalf of other inmates. The court identifies this as the latest in a series of frivolous filings originating from the same Pennsylvania prison and dismisses the petition.
This affidavit alleges that Joseph Sullivan obstructed justice and committed misprision of a felony related to his actions while serving as Chief Security Officer at Uber Technologies from 2015 to 2017. Specifically, the affidavit alleges that Sullivan failed to disclose to the Federal Trade Commission a data breach at Uber in 2016 that compromised millions of user records, despite Sullivan's intimate involvement in Uber's ongoing response and cooperation with an FTC investigation into Uber's data security practices. The affidavit provides probable cause to believe Sullivan committed obstruction of justice, in violation of 18 U.S.C. 1505, and misprision of a felony, in violation of 18 U.S.C. 4.
This letter brief summarizes a case in which the defendant, Dan Defendant, was charged with driving while under the influence of a controlled dangerous substance and driving while impaired. The defendant was pulled over by Officer Dirt after a 911 call. Officer Dirt observed signs of intoxication from the defendant and administered field sobriety tests, which the defendant failed. The defendant was then evaluated by a drug recognition expert, Officer Cop, who determined the defendant was under the influence of a central nervous system depressant. A urine test found the defendant had prescription medications in his system. At trial, an expert witness testified some of the medications were habit-forming. The defendant was found guilty of driving while impaired but not under the influence of a
08/10/12 - MOTION TO STRIKE RESPONSE TO: Motion To Strike Motion To DismissVogelDenise
This document is a motion to strike filed by plaintiff Vogel Denise Newsome in the case of Newsome v. Page Kruger & Holland P.A. et al. in the U.S. District Court for the Southern District of Mississippi. The motion seeks to strike responses filed by defendants in opposition to previous motions by Newsome. Newsome argues the defendants do not dispute her right to a jury trial under Rule 38 of the Federal Rules of Civil Procedure and the 7th Amendment. Newsome also argues Judge Tom S. Lee must recuse himself due to a conflict of interest. Newsome cites statutes requiring recusal when a judge's impartiality may reasonably be questioned.
COUNT 4 - CONSPIRACY TO MURDER (For UIE...Criminal Complaint)VogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
CONFEDERATE STATES OF AMERICA’S A/K/A UNITED STATES OF AMERICA’S CONFEDERATES, KU KLUX KLAN, WHITE SUPREMACISTS/ZIONISTS CONSPIRE TO HAVE THE UTICA INTERNATIONAL EMBASSY’S INTERIM PRIME MINISTER VOGEL DENISE NEWSOME ASSASSINATED AND/OR MURDERED
Callan M. Billingsley is an attorney licensed to practice law in Texas since 1982. He has over 35 years of experience practicing law, including general civil litigation, corporate law, and consumer bankruptcy law. He currently owns a sole practice focused on consumer bankruptcy in San Antonio, Texas. He has extensive experience handling Chapter 7 and Chapter 13 bankruptcy cases, and has taught courses and spoken at numerous bankruptcy seminars.
This document is a motion by the United States to disqualify defense attorneys Myles Breiner and Kevin Sumida from representing defendants Katherine and Louis Kealoha. The motion argues Breiner and Sumida have conflicts of interest that prevent them from providing competent representation due to their simultaneous representation of both Kealohas and other past representations. Specifically, Breiner previously represented plaintiffs suing Louis Kealoha for civil rights violations and a defendant prosecuted by Katherine Kealoha. Sumida may be a witness in the current case. The motion asks the court to disqualify both attorneys to avoid ethical issues and ensure the trial proceeds fairly.
This document discusses the admissibility of four audio calls intercepted by Honduran authorities in 2015 involving members of the MS-13 gang. It argues that portions of the calls are admissible as statements of co-conspirators under Rule 801(d)(2)(E) of the Federal Rules of Evidence. The calls discuss: 1) Intercepted conversations about payments received by the defendant from drug traffickers; 2) The defendant's efforts to have a drug trafficker killed; 3) Drug routes provided by the defendant to the Cachiros drug trafficking organization; and 4) Methods for transporting contraband across the Honduran border with help from Tigre Bonilla. The document maintains that the calls
Federal court, excluding police report, Darren Chaker, provides law on keeping a police report away from the jury in a criminal case, which is important since are usually hearsay and unreliable.
Letter brief, Darren Chaker, concerning prior restraint, First Amendment, by Reporters Committee, in pending court case, in front of court of appeal in California.
Dance Moms star, bby Lee Miller, indicted for bankruptcy fraud. Provided by Darren-Chaker, http://darrenchaker.us/ Bankruptcy fraud has been on the rise by the elite.
This document is an amicus brief filed in support of Darren Chaker in an appeal of conditions imposed on his supervised release. It argues that several conditions are overly broad and violate the First Amendment by restricting protected speech, including criticism of public officials. Specifically, it argues that conditions prohibiting "defamatory" or "disparaging" speech are vague and chill speech, and that a condition against anonymous emails violates the right to anonymous political speech. It also argues the district court failed to apply the proper standard for proving defamation of a public official.
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Restraining order against sex offender provided by Darren Chaker. Policing sex offenders is important, but if the scope of defining who is a sex offender expands, the police/parole budget does not. As explained on www.darrenchaker.org, sex offenses cannot be typically expunged, in Nevada, even if arrested for a sex offense is later dismissed, it cannot be sealed, however California allows for record sealing if lack of probable cause exists under PC851.8.
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1. Case 3:11-mj-03330-NJG Document 1 Filed 07/01/11 Page 1 of 21
AO 91 (Rev. 08/09) Criminal ComptainI
FILED
UNITED STATES DISTRICT COURT JUL-012011
IISTRICl
Western District of Texas TRICT O
W E 8 T E W £ W 8 T W C T OF TEXAS
United States of America
v.
Jesus Chavez Case No. 11 _ ^ . . Q ,
Defendants)
CRIMINAL COMPLAINT
I, the complainant in this case, state that the following is true to the best of my knowledge and belief.
On or about the date(s) of 07/21/2010 to 07/01/2011 in the county of El Paso in the
Western District of Texas , the defendant(s) violated:
Code Section Offense Description
Title 21 USC 841 and 846 Possession with Intent to Distribute a controlled Substance, namely 100
kilograms or more of marijuana and Conspiracy to possess with Intent to
Distribute a controlled substance, namely 100 kilograms or more of
marijuana.
This criminal complaint is based on these facts:
See attached Affidavit.
Sf Continued on the attached sheet,
Special Agent J. Daniel Clark
Printed name and title
Sworn to before me and signed in my presence.
Date: 07/01/2011
City and state: El Paso. Texas Norbert J. Gamev, United States Magistrate Judge
Printed name and title
2. Case 3:11-mj-03330-NJG Document 1 Filed 07/01/11 Page 2 of 21
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
{State of Texas
County of El Paso}
AFFIDAVIT
1, J. Daniel Clark, being duly sworn, do hereby state as follows:
I. PRELIMINARY MATTERS
1. I am a Special Agent (SA) with the Federal Bureau of Investigation (FBI). My
appointment as an FBI Special Agent has vested me with the authority to investigate violations of
federal laws involving drug trafficking and money laundering offenses, including Title 21,
United States Code, Sections 841,846, and 952, Title 18, United States Code, Sections 1956,
1957, and Title 31, United States Code, Section 5324.
2. Since May 2008,1 have been assigned to a joint FBI and Drug Enforcement
Aoministration (DEA) Strike Force tasked with investigating organized criminal enterprises
involved in large-scale smuggling, distribution, and sale of illegal drugs. As an SA, I received
twenty-two weeks of law enforcement training at the FBI Academy in Quantico, Virginia. I
have received specialized training with respect to the enforcement of drug laws and I have been
involved in several investigations involving illegal drugs. I have participated in many aspects of
these investigations including, but not limited to, writing affidavits in support of search warrants,
executing search warrants, writing affidavits in support of applications for the interception of
conversations occurring over telephones pursuant to court orders, conducting surveillance,
planning undercover transactions, debriefing Confidential Sources, and arresting suspected drug
1
3. Case 3:11-mj-03330-NJG Document 1 Filed 07/01/11 Page 3 of 21
traffickers. Through my training and experience, I have become familiar with drug traffickers'
methods of operation including the distribution, storage, and transportation of drugs, the
collection of money proceeds derived from drug trafficking and the methods of money
laundering used to conceal the nature of the proceeds. I have conducted investigations regarding
the unlawful importation, possession, and distribution of controlled substances, as well as the
related money laundering statutes involving the proceeds of specified unlawful activities and
conspiracies associated with criminal narcotics, in violation of Title 21, United States Code,
Sections 841(a)(1), 843(b), 846,952(a) and 963, Title 18, United States Code, Sections 1952,
1956 and 1957, and Title 31, United States Code, Sections 5324,5331, and 5332.
3. This affidavit is written in support of probable cause for the arrest of Jesus CHAVEZ,
also known as, Jesse CHAVEZ, Date of Birth (DOB) [REDACTEDJ/1974 who was arrested by
FBI Agents on 06/30/2011.
4. The infonnation contained in this Affidavit is based upon my personal knowledge,
information provided to me by other federal agents and task force officers, including but not
limited to agents from FBI, DEA, ICE Homeland Security Investigations (HSI), U.S. Customs &
Border Protection (CBP); infonnation obtainedfromofficial reports of other federal agents and
law enforcement officers of the previously noted agencies; review, by myself and others, of
recordings of consensually recorded conversations; interviews of a confidential sources (CS); the
results of physical surveillance; infonnation returned pursuant to the service of administrative
subpoenas; information obtained as a result of public records searches; infonnation and reports
provided to me by representatives of the Procuraduria General de la Republica (PGR) of the
Republic of Mexico; and other information obtained during the investigation of Jesus CHAVEZ
4. Case3:11-m]-03330-NJG Document 1 Filed 07/01/11 Page 4 of 21
and Carlos Alberto GOMEZ. Because this Affidavit is being submitted for the limited purpose
of establishing probable cause as set forth herein, I have not included each and every fact known
to me concerning this investigation. Where the contents of documents and the actions,
statements, and conversations of others are reported herein, they are reported in substance and in
part, except as otherwise indicated.
5. As noted in paragraph 4 above, some of the information contained in this Affidavit is
based upon interviews of Confidential Sources. CS-1 has been an FBI CS for approximately
three months. CS-1 has reported information to the FBI that has been corroborated through other
investigative methods. CS-l's motivation for providing information to the FBI is for
consideration of a reduction in CS-l's impending sentence stemming from CS-l's indictment for
a federal drug trafficking felony. Additionally, CS-1, pursuant to a proffer agreement, has
provided information in which CS-1 has implicated him/herself in drug conspiracies involving
Carlos Alberto GOMEZ, Jesus CHAVEZ, and others, including brokering some of the marijuana
which was derived from the scheme discussed below.
6. This Affidavit contains pertinent excerptsfromtranscripts of consensually monitored
meetings which have been conducted by CS-1 with Carlos Alberto GOMEZ and Jesus CHAVEZ
using a body recorder. At various points throughout these excerpts, I have placed in parentheses
my understanding of what was being said during these recorded conversations. My
understanding of these recorded conversations is based upon:
a. the contents and context of the conversations;
b. what CS-1 has told me or other agents was his/her understanding of what was
being said during the conversations;
5. Case3:11-mj-03330-NJG Document 1 Filed 07/01/11 Page 5 of 21
the content and context of the conversations in relation to my knowledge of other
c.
aspects of this investigation;
d. my experience as a law-enforcement officer and based on conversations I have
had with other experienced law-enforcement agents and officers in this
investigation; and
e. the understanding of the translators/transcribers who translated and transcribed the
recordings.
7. The transcript excerpts included in this Affidavit do not include all criminal and
incriminating conversationsrecordedduring the course of this investigation, nor do they include
all statements or topics covered during the full duration of each of the recorded conversations.
Therefore, these transcript excerpts do not represent the entire conversation that occurred
between the identified individuals. Furthermore, these excerpts are based on draft transcripts of
the recorded conversations; they are not finalized transcripts, which are customarily subjected to
quality control procedures prior to a trial. Finally, during these recorded conversations, the
individuals primarily use the Spanish language. Linguists fluent in English and in Spanish have
listened to these recordings and translated the conversations into English.
8. In instances in this Affidavit where 1 refer to "we," or to "us", I am referring to me and to
El Paso FBI SA Matthew T. Lipkin, and/or other FBI Agents on my Squad collectively.
II. PROBABLE CAUSE
9. On 05/02/2011, CS-1 reported the following information to us:
a. Jesse CHAVEZ1 and Carlos GOMEZ, run a daily marijuana smuggling operation
from Juarez, Chihuahua, Mexico into El Paso, Texas. CHAVEZ, GOMEZ and
their co-conspirators smuggle the marijuana using the trunks of unsuspecting
drivers' vehicles. CHAVEZ and GOMEZ accumulate hundreds of pounds of
1
CS-1 reported CHAVEZ'S name as Jesse CASTENEDA. As noted in paragraph 11 below, CS-1 identified a photograph of
CHAVEZ as the individual he knows as Jesse CASTENEDA. For consistency, Ireferto CHAVEZ'S name as "CHAVEZ" throughout this
affidavit based upon CS-l's identification of this photograph,
6. Case3:11-mj-03330-NJG Document 1 Filed 07/01/11 Page 6 of 21
marijuana in El Paso, Texas, each week; this marijuana is shipped to cities
throughout the United States on a weekly basis.
b. CHAVEZ and GOMEZ have paid "lookouts", typically teenage kids, who target
professionals (e.g. doctors and hospital workers) and students.
c. These targeted professionals and students usually have a Secure Electronic
Network for Travelers Rapid Inspection (SENTRI) crossing card and travel to El
Paso on a regular schedule, primarily through the Stanton Street Bridge "express
lane." (Dedicated Commuter Lane (DCL)).
d. Once the "lookouts" identify a target vehicle, they write down the Vehicle
Identification Number (VIN) for the target vehicle and provide the VIN to
CHAVEZ and GOMEZ. They also utilize GPS trackers to track the movements
of the vehicles between Juarez and El Paso.
e. Once they have identified a target vehicle, CHAVEZ and GOMEZ provide this
VIN to an El Paso, Texas-based locksmith.
f. Using the VIN provided by CHAVEZ and GOMEZ, this locksmith
prepares/"cuts" two keys for the target vehicle. CHAVEZ and GOMEZ retain one
of the target vehicle keys, and the Juarez-based co-conspirators are given the other
target vehicle key.
g. Using their copy of the target vehicle key, the Juarez-based co-conspirators place
two duffel bags in the trunk of the target vehicle at night. Each duffel bag usually
contains approximately 60 pounds of marijuana (i.e. approximately 120 pounds in
total). Each of the duffel bags are secured with zip-ties to prevent possible
tampering,
h. The next morning, after the target vehicle arrives at work or at school in El Paso,
CHAVEZ and GOMEZ use their copy of the target vehicle key to retrieve the two
duffel bags of marijuana from the target vehicle.
i. CHAVEZ and GOMEZ each have a prior federal drug conviction and met when
they were both serving their sentences at the La Tuna federal prison together.2
2
U.S. District Court Records (2:03-cr-02012-MCA) indicate that On 04/2672004, Carlos Alberto GOMEZ pleaded guilty to
Possession With Intent to Distribute 500 Orams or More of Cocaine in violation of Title 21, United States Code, Section 841(bXlXB). OOMEZ
was sentenced to 37 months imprisonment followed by three years of supervised release. U.S. District Court Records (3:04-cr-0026l-FM)
indicate that on 02/19/2004 CHAVEZ pleaded guilty to Conspiracy to Distribute Marijuana in violation of Title 21, United States Code, Section
846. CHAVEZ was sentenced to 20 months in prison followed by two years of supervised release. NCIC Criminal History records indicate that
CHAVEZ and OOMEZ were both incarcerated at La Tuna Federal Correctional Institute during an overlapping lime frame, This evidence is not
offered for the purpose of supporting Probable Cause, but is offered lo corroborate CS-l's information with respect to how CHAVEZ and
GOMEZ met.
7. Case 3:11-mj-03330-NJG Document 1 Filed 07/01/11 Page 7 of 21
10. On 05/23/2011, we presented CS-1 with an unmarked, unlabeled Texas Drivers License
(TDL) photograph of Carlos Alberto GOMEZ, Date of Birth (DOB) [REDACTEDj/1982, TDL#
[REDACTED]. CS-1 identified this photograph as a picture of the individual CS-1 knows as
"Carlos GOMEZ."
11. On 05/23/2011, we presented CS-1 with an unmarked, unlabeled Texas Drivers License
(TDL) photograph of Jesus CHAVEZ, DOB [REDACTEDJ/1974, TDL# [REDACTED]. CS-1
identified this photograph as a picture of the individual CS-1 knows as "Jesse CASTENEDA."3
12. Based on the information provided by CS-1, the locksmith that CHAVEZ and GOMEZ
were using was specifically identified. Throughout the remainder of this Affidavit, this
locksmith is referred to as LOCKSMITH A.
13. On 06/17/2011, we interviewed an El Paso, Texas-based licensed locksmith, {not
LOCKSMITH A). This licensed locksmith informed us that there were several "key code
source" companies that have the capability to provide vehicle key cut codes to licensed
locksmiths based on the provision of the VIN by the licensed locksmith, This licensed locksmith
further informed us that, as a result of differing standards and policies amongst vehicle
manufacturers, "key code source" companies have varied abilities to provide key cut codes
depending on the vehicle make and model. For example, this locksmith stated that most "key
code source" companies had very limited access to key cut codes for most General Motors key
cut codes, but had widely available access to Ford key cut codes.
14. Texas Department of Public Safety records indicate that LOCKSMITH A is a licensed
1
See footnote I above.
8. Case 3:11-mj-03330-NJG Document 1 Filed 07/01/11 Page 8 of 21
Texas locksmith with a license expiring on 12/31/2011. Based on the information described in
this paragraph and in paragraph 13 above, I believe that LOCKSMITH A has access to one or
more "key code source" companies and therefore has the ability to obtain vehicle key cut codes
for vehicles, especially Ford vehicles, solely by providing a VIN to one or more of these "key
code source" companies.
15. On 07/21/2010, Martha Ramos and Ayla Nayeli Ramos attempted to make entry into the
U.S. at the Stanton Street Bridge DCL, El Paso, Texas. Martha Ramos informed the
interviewing U.S. Customs & Border Protection (CPB) Officer that, "My son (Jorge Ramos) is
behind me and we're not sure what's in his car. We think his car was broken into because there
are two black bags that we've never seen in his trunk before. We don't know if there is a bomb or
what is in there." Immediately thereafter, Jorge Ramos, who drove a 2006 Ford Focus, bearing
TX license plate number: 006YHX and VIN 1FAFP34N06W190276, attempted to make entry
into the U.S. via the DCL. Jorge Ramos confirmed that there were two black duffle bags in his
vehicle with unknown contents. Jorge Ramos further informed the CBP Officers that when they
had discovered the duffel bags in his trunk earlier that morning, they were scared to call the
police in Juarez so they decided to declare the incident to the CBP Officers at the Stanton Street
bridge. After examining the duffel bags, the CBP Officers discovered that both duffel bags
contained bundles of marijuana. The marijuanafromboth of the bags aggregated 120 bundles
weighing approximately 128.7 pounds. There is no indication in the CBP Officer's report as to
whether or not there was evidence suggesting that the trunk of the Ford Focus had been subjected
to forced entry. Martha Ramos, Ayla Nayeli Ramos, and Jorge Ramos were all detained but
subsequently released when the United States Attorney's Office declined prosecution. All three
9. Case 3:11-mj-03330-NJG Document 1 Filed 07/01/11 Page 9 of 21
subjects had their SENTRI passes confiscated by CBP however.
16. On 11/16/2010, Ricardo Magallanes was arrested at the Stanton Street Bridge DCL, El
Paso, Texas, while driving a 2007 Ford Focus, bearing TX license plate number: 733WLD and
VIN 1FAFP34N17W133926. The Ford Focus contained two duffle bags in the trunk. The
zippers of each of the duffel bags were secured with white plastic zip ties. Both duffel bags were
discovered to contain bundles of marijuana. The marijuana from both of the bags aggregated 100
bundles weighing approximately 112.1 pounds. There was no evidence suggesting that the trunk
of the Ford Focus had been subjected to forced entry. At the time of his arrest, Magallanes was a
University of Texas at El Paso (UTEP) student and a SENTRI pass holder. Magallanes
proceeded to jury trial on May 9,2011, and on May 10,2011, was found guilty of attempting to
Import Marijuana and Possession of Marijuana With the Intent to Distribute in violation of Title
21 USC §§ 952(a), 960(a)(1) & 960(b)(3), 841(a)(1) and 841(b)(1)(C). Magallanes maintained
that he is innocent as evidenced by his May 2011filingof a Motion for Acquittal under Rule
29(c) Federal Rules of Criminal Procedure. On 06/27/2011, the indictment against Magallanes
was dismissed by Senior United States District Judge David Briones.
17. On 01/12/2011, Dr. Justus Lawrence Opot and Marisol Perez were arrested in Ciudad
Juarez, Chihuahua, Mexico. At the time of Perez' anest, Perez was driving a 2008 Mitsubishi
Galant bearing VIN 4A3AB36F68E021782. The Mitsubishi Galant contained two duffel bags in
the trunk, both of which were secured with zip ties. Both duffel bags were discovered to contain
bundles of marijuana. The marijuana from both of the bags aggregated 100 bundles weighing
approximately 110 pounds. There was no evidence suggesting that the trunk of the Mitsubishi
Galant had been subjected to forced entry.
10. Case 3:11-mj-03330-NJG Document 1 Filed 07/01/11 Page 10 of 21
18. Opot is a sports medicine doctor who works at the El Paso Mental Health & Retardation
Center, 1600 Montana Street, El Paso, Texas, 79902. Perez is a health care professional who
also works at the El Paso Mental Health & Retardation Center. At the time of her arrest, Perez
was a SENTRI pass holder. Based on information received from the PGR andfrominterviews of
Opot and Perez, Opot was car pooling with Perez to work on the morning of 01/12/2011,
because his car was having mechanical problems. Perez had planned to drop off Opot on the
Mexico-side of the Stanton Street bridge, cross into the United States using her SENTRI pass
through the DCL, and then pick up Opot, who had planned to walk across, on the United States
side of the Stanton Street bridge. After discovering the marijuana however, Opot instructed
Perez to drive the vehicle to a Mexican federal police checkpoint near the Bridge of the Americas
in Juarez. Opot and Perez were arrested by Mexican federal police shortly after voluntarily
notifying Mexican authorities at this checkpoint of their discovery of the marijuana-laden duffel
bags in the trunk of the Mitsubishi Galant. Opot and Perez's arrest was widely reported by local
media in El Paso and Juarez, During the course of their case in Mexico, Opot and Perez
maintained that they were innocent and, after approximately nine days of incarceration, Opot and
Perez were released by Mexican authorities and the charges were dropped.
19. On 01/12/2011, the same day Opot and Perez were arrested in Juarez, James Ivan Diaz
was arrested at the Stanton Street Bridge DCL, El Paso, Texas, driving a 2001 Ford Taurus,
bearing TX license plate number: BZ3P596 and VIN 1FAFP55UX1G254649. The Ford Taurus
contained two duffle bags in the trunk. The zippers of each of the duffel bags were secured with
metal/wire ties. Both duffel bags were discovered to contain bundles of marijuana. The
marijuana from both of the bags aggregated 100 bundles weighing approximately 119.5 pounds.
11. Case 3:11-mj-03330-NJG Document 1 Filed 07/01/11 Page 11 of 21
There was no evidence suggesting that the trunk of the Ford Taurus had been subjected to forced
entry. Diaz has worked for HB Electronics, 6000 Gateway Boulevard East, El Paso, Texas, since
May 2008. At HB Electronics, Diaz has a regular work schedule, Monday through Friday,
9:00AM to 6:00PM. At the time of his arrest, Diaz was a SENTRI pass holder. Diaz proceeded
to jury trial on 05/11/2011, and on 05/12/2011, was acquitted by the jury.
20. On 05/26/2011, Ana Isela Martinez Amaya was arrested in Juarez, Chihuahua, on the
Mexico-side of the DCL of the Stanton Street bridge driving a 2003 Ford Focus bearing VIN
1FAFP34383W106151. The Ford Focus contained two duffel bags in the trunk, both of which
were secured with zip ties. Both duffel bags were discovered to contain bundles of marijuana.
The marijuana from both of the bags aggregated 85 bundles weighing approximately 105 pounds.
There was no evidence suggesting that the trunk of the Ford Focus had been subjected to forced
entry. At the time of her arrest, Martinez Amaya was a 4th-grade teacher at the La Fe
Preparatory school in El Paso, Texas, and was also a SENTRI pass holder. Martinez Amaya's
arrest has been widely publicized in local media in El Paso and in local and national media in
Mexico. Martinez Amaya remains incarcerated in Juarez and, according to these media reports,
maintains that she is innocent.
21. On 06/03/2011, at approximately 11:00 PM CS-1 met with Carlos GOMEZ at Shogun
Steakhouse, 1201 Airway Boulevard, EI Paso, Texas, 79925. After dinner, CS-1 and GOMEZ
drove to Applebees restaurant, 1766 Airway Boulevard, El Paso, Texas, 79925. During their
meeting that evening, which CS-1 consensually monitored with a body recorder, CS-1 and
GOMEZ had a private conversation during which they discussed drug trafficking matters.
Among other conversation with respect to drug trafficking, CS-1 and GOMEZ had the following
10
12. Case3;11-mj-03330-NJG Document 1 Filed 07/01/11 Page 12 of 21
conversation with respect to Martinez Amaya's case:
GOMEZ stated, "Listen." CS-1 stated, "Why don't we get p ] So the same thing
happened to you with the teacher (Martinez Amaya),right?[telephone rings]" GOMEZ
stated, "[UI]" CS-1 stated, "Right away! When I saw over there-" GOMEZ stated, "We
(CHAVEZ and GOMEZ) made such a fucking mess. [UI]" CS-1 stated, "Listen,
what-what-what-which-what went wrong? I even [UI]" GOMEZ stated, "No, but the
damn soldiers saw that she (Martinez Amaya) was young. And they got her (Martinez
Amaya) out, he said, well, she was kind of cute. You know what the fucking-the
problem was, boss? They already had an eye on that car (Martinez Amaya's 2003 Ford
Focus)-it would have taken a long time, but it's just that- " CS-1 stated, "That one you
just told me about?" GOMEZ stated, "Yes, it was fucking hot." CS-1 stated, "That one?"
GOMEZ stated, "Let me tell you why, buddy. School is out. So after school is out at
UTEP, the fucking line (the DCL at the Stanton Street Bridge) goes down to about the
middle [UI]" CS-1 stated, "That shit (drug load) goes through quickly?" GOMEZ stated,
"Yes, I mean, the car traffic is very light." CS-1 stated, "That [UI]?" GOMEZ stated,
"No." CS-1 stated, "Oh." GOMEZ stated, "Because the fucking alarms sti—-still
doesn't-I mean, it chooses the wrong cars." CS-1 stated, "They (Mexican/United States
inspection authorities) have time to fuck around (more time to inspect outbound/inbound
vehicles)." GOMEZ stated, "Uh-huh. There's no pressure. But when there is a lot of
people, then there is pressure. And that is what we [UI] No, it turned into a fucking mess
when--" CS-1 stated, "So it didn't happen today?" GOMEZ stated, "Yeah, no, no." CS-1
stated, "Oh, no, and it never fails." GOMEZ stated, "[OV] And then [UI] to form [UI]"
CS-1 stated, "[OV] [UI] No, and then-I just saw that they fucking tacked
on-extrad~uh, what's it called when you want to take something out? Exporting. Did
you see it4?" GOMEZ stated, "No." CS-1 stated, "Attempt to export. Huh?" GOMEZ
stated, "It's not [UI] easy." CS-1 stated, "But over there how-is it the same as here? I
mean, or have they sentenced her (Martinez Amaya)?" GOMEZ stated, "No, no. No,
they already sentenced her (Martinez Amaya)." CS-1 stated, "How can they sentence her
(Martinez Amaya) if she's been there (in prison) three days?" GOMEZ stated, "No, it's
right away over there." CS-1 stated, "No." GOMEZ stated, "But they are going to—I
mean, they're going to appeal. It's just that the judge-"
CS-1 stated, "Okay, why was the doctor (Opot) able to get out?" GOMEZ stated,
"Because the doctor (Opot) went and delivered (the marijuana to) them (Mexican federal
police). He (Opot) went and told them (MX federal police)-" CS-1 stated, "Oh. And
they arrested her (Martinez Amaya)?" GOMEZ stated, "Yes. The doctor (Opot) told
them (MX Federal police), 'You know whafl They put that shit (marijuana) in (the trunk
of Perez's Mitsubishi Galam)-' And they arrested him (Opot) anyway. But the judge-he
decides and it depends. This guy (Opot) went and delivered them (the duffel bags of
4
According to Mexican media reports, on June 2,2011, Mexican officials charged Martinez Amaya with an additional drug
trafficking charge of exportation.
11
13. Case 3:11-mj-03330-NJG Document 1 Filed 07/01/11 Page 13 of 21
marijuana). But they don't belong to him. But theyfindthis shit (the marijuana Martinez
Amaya was arrested with) a quarter of the way in (a quarter of the way up the Stanton
Street bridge). But since-since they had already arrested a lot of people there,
then-then-" CS-1 stated, "The navigation [system] so that-so that you can see movies.
You don't have it?" GOMEZ stated, "Which one, the~no, I don't have it." CS-1 stated,
"Bypass." GOMEZ stated, "No, [UI]. It's messed up, right? Listen." CS-1 stated,
"Come on, boss." GOMEZ stated, "[UI]" CS-1 stated, "And that guy, what is Huicho
(one of CHAVEZ and GOMEZ's co-conspirators) up to?" GOMEZ stated, "No, well he
(Huicho) is-no, he is-he's an emotional wreck," CS-1 stated, "Why?
Because-because-because of the-" GOMEZ stated, "Because-because of the girl
(Martinez Amaya)rightnow, the guy." CS-1 stated, "In other words, because of the
money, the merchandise (marijuana), and because of the-mainly for the girl (Martinez
Amaya)rightnow, right?" GOMEZ stated, "He (Huicho) is down because-well, it's
him--" CS-1 stated, "Can someone write a letter there? You know what? That's bullshit.
If not-" GOMEZ stated, "No, they are~no, they are already doing the deal." CS-1
stated, "You saw the letters, right?" GOMEZ stated, "The letters and the protests
and-no,no. He said, "What do we do? What do we do?" He said. Nothing." CS-1
stated, "[OV] Just say, [UI]" GOMEZ stated, "[OV] Take them something-take them
something like that. Because the-the fucking judge said, 'Until someone shows up and
says that they wen-that he went-' You know what I mean?" CS-1 stated, "Give Betito
some money and the idiot will go. 'Yes, I'll get you out tomorrow, man,'" GOMEZ
stated, "I'm going to tell Betito [UI] fucking Beto is fucking crazy." CS-1 stated, "It
depends. It might motivate someone, boss. Sometimes that's what we need." GOMEZ
stated, "Yeah."
22. Later during the 06/03/2011, meeting CS-1 and GOMEZ had the following conversation:
CS-1 stated, "-but more than anything, I know you'll have to stop working (trafficking
drugs) or I don't know~I don't know~I don't know how you work, but-" GOMEZ stated,
"No, well, we'll go-" CS-1 stated, "[OV] But fuck-" GOMEZ stated, "-somewhere
else." CS-1 stated, "-fucked right now-" GOMEZ stated, "Well, they have forced us
(CHAVEZ, GOMEZ, and their co-conspirators) to lay low." CS-1 stated, "The problem
right now, bro', is that if they arrest one of your guys over there (in Juarez), they'll blame
him for everything." GOMEZ stated, "Like that-and here too." CS-1 stated, "Well
here-well nothing has happened here." GOMEZ stated, "Yeah." CS-1 stated, "Nothing
has happened here." GOMEZ stated, "No, exactly." CS-1 stated, "I mean, they cant
blame them for anything here." GOMEZ stated, "Well, they've already arrested [people]
and there's been people who have talked." CS-1 stated, "But yes-I do know that if they
arrest anyone of your's over there, they will-" GOMEZ stated, "No, they will—they will
blame us (CHAVEZ, GOMEZ and other El Paso-based co-conspirators) for everything,
like you're saying." CS-1 stated, "No, that you had better not-I think that you better not
get involved with a bad guy's wife, boss, or something like that either. Be careful with
12
14. Case 3:11-mj-03330-NJG Document 1 Filed 07/01/11 Page 14 of 21
that and then-" GOMEZ stated, "[UI]" CS-1 stated, "Well, just in case, don't-"
GOMEZ stated, "No. [laughs] Shit, you're exaggerating."
CS-1 stated, "Why did you pick her (Martinez Amaya)? Was she really hot or what?"
GOMEZ stated, "No. It's that, look. Let me tell you. Well we (CHAVEZ and GOMEZ)
cross the fucking vehicles (targeted marijuana load vehicles) like that. And this fucking
vehicle-when we (CHAVEZ and GOMEZ) take itfromhere to there-but a president
[UT] arrived, as if it was the fucking Pentagon. No, and the system, well no problem, you
know? We have seen that girl (Martinez Amaya) for about a year because she's (Martinez
Amaya) like a clock, boss. At 5:00- she (Martinez Amaya) was there.
Boom-boom-boom! Always. [UI][noises]" GOMEZ stated, "[UI] no, [UI]. One day,
they invited Jesse (CHAVEZ) to a party [UI] at the house. Until [UT] whore [UI] and
he/she gets there. And that guy at the house where they went-[UI] I don't know who
found her P ] " CS-1 stated, "Okay." GOMEZ stated, "Oh, we loved it. And then bad
guys, okay? It's like the guy who took him (CHAVEZ) to the party is the one who
supplies our (CHAVEZ and GOMEZ') merchandise (marijuana) over there (in Juarez).
"Go tell your buddy that we are going to give him-we'U take it with ten. So, your 1,500
bucks-and for him just to open the door for us at night." "No, let's do it," the guy said,
"right away." What is it about? The door, then fucking Giiero gets the fuck out of there.
1 mean, up to the door." CS-1 stated, "And he-he's gone?" GOMEZ stated, "Yes, gone.
He didn't give a fuck." CS-1 stated, "And where-well-" GOMEZ stated, "[UT][noises]"
GOMEZ stated, "I mean, what we wanted to take across did make it across. We didn't
fuck up. We~we know that it's the soldiers--" CS-1 stated, "Well, and how do we do it
over there [UI]?" GOMEZ stated, "It's really hot. [UI] I'm going to rent a car. [UI]you
can hear all the people, and they get bothered. You know what I mean? No, because
you're waiting for them in the morning, [noises]" GOMEZ stated, "In other words, 'Get to
it.' [UI]" CS-1 stated, "No, they're going to get to it right now." GOMEZ stated, "Yeah,
yeah. Yes, they said that [UI] fucking money we wanted to take it to--"
23. On or about 06/09/2011, a major Mexico television network aired a short news
documentary concerning the case of Ana Isela Martinez Amaya. Among others, Dr. Justus Opot,
Marisol Perez, and James Ivan Diaz were interviewed and televised during this short news
documentary.
24. On 06/17/2011, at approximately 11:26 PM, I observed a white-colored Ford "King
Ranch" pick-up truck, bearing TX license plate number: AX27755, parked facing Applebees
restaurant, 1766 Airway Boulevard, El Paso, Texas, 79925, on the south side of the restaurant. A
13
15. Case 3:11-mj-03330-NJG Document 1 Filed 07/01/11 Page 15 of 21
subsequent query of the NCIC/TCIC vehicle database indicated that TX AX27755 is a 2011
Ford pick-up registered to Samantha V. GOMEZ, [REDACTED], El Paso, Texas, 79938. CS-1
has reported that Carlos GOMEZ's wife is Samantha GOMEZ and El Paso County records
indicate that on July 18,2000, a Carlos A. Gomez and a Samantha Vazquez were married in the
State of Texas.
25. At approximately 11:30 PM, also on 06/17/2011,1 observed CS-1, Carlos GOMEZ, and
two females eating dinner and talking inside of the Applebees. At approximately 11:55 PM, I
observed CS-1 and GOMEZ walk outside of the Applebees and engage in a private conversation
standing near the white "King Ranch" pick-up truck. During this private conversation, which
CS-1 consensually monitored with a body recorder, CS-1 and GOMEZ discussed that, on the
same day "the doctor (Opot)" was arrested, another individual was arrested in El Paso, Texas
(Diaz)." CS-1 referenced the Mexico short news documentary from June 9,2011, and stated,
"Televisa had a half-hour program on the doctor (Opot) and then about the chubby guy (Diaz)5."
CS-1 further informed GOMEZ that, "it (Diaz's arrest) was the same day (as Opot/Perez's
arrest)." GOMEZ stated, "No, it wasn't." CS-1 stated, "Yes it was, according to the show."
GOMEZ stated, "No, that's true, we (CHAVEZ and GOMEZ) thought one (Diaz's vehicle) would
get through (into the U.S.)."
26. On 06/23/2011, we received information from Ford Motor Company's Global
Investigations Department in Dearborn, Michigan. Ford Motor Company maintains an electronic
database whichrecordswhen vehicle key codes are pulled/accessed by users at Ford Dealerships.
5
Per a DEA Form 202 Personal History Report completed in conjunction with Diaz's arrest, Diaz is 5' 9" tail and weighs 310
pounds.
14
16. Case 3:11-mj-03330-NJG Document 1 Filed 07/01/11 Page 16 of 21
I have reviewed the information from this database with respect to a single user account
(hereafter referred to as USER ACCOUNT A)froma Ford Dealership located in Dallas, Texas.
This information indicates that the following vehicle key codes were pulled by USER
ACCOUNT A:
a. VIN: 1FAFP34N06W190276. This is the VIN for the 2006 Ford Focus that Jorge
Ramos was driving when he and his mother reported the marijuana to CBP
Officers as described in paragraph 15 above. This VIN was pulled by USER
ACCOUNT A on 06/29/2010, prior to Ramos and his motherreportingthe
marijuana to CBP Officers on 07/21/2010.
b. VIN: 1FAFP34N17W133926. This is the VIN for the 2007 Ford Focus that
Ricardo Magallanes was driving when he was arrested as described in paragraph
16 above. This VIN was pulled by USER ACCOUNT A on 09/10/2010, prior to
Magallanes's arrest on 11/16/2010.
c. VIN: 1FAFP55UX1G254649, This is the VIN for the 2001 Ford Taurus that
James Ivan Diaz was driving when he was anested as described in paragraph 19
above. This VIN was pulled by USER ACCOUNT A on 12/29/2010, prior to
Diaz's arrest on 01/12/2011.
d. VIN: 1FAFP34383W106151. This is the VIN for the 2003 Ford Focus that Ana
Isela Martinez Amaya was driving when she was arrested as described in
paragraph 20 above. This VEN was pulled by USER ACCOUNT A on
05/17/2011, prior to Martinez Amaya's arrest by Mexican authorities on
05/26/2011.
15
17. Case 3:11-mj-03330-NJG Document 1 Filed 07/01/11 Page 17 of 21
27. Per Ford Motor Company, USER ACCOUNT A has pulled/accessed 5,321 vehicle key
codes in the last 18 months, approximately 10 key codes per day. Also based on myreviewof
this information, USER ACCOUNT A has pulled vehicle key codes for Ford vehicles which are
registered all over the United States, not just in Dallas, Texas, Based on the high volume of key
codes pulled, as well as the geographic dispersion of the registered locations of the associated
vehicles, I believe that USER ACCOUNT A is being utilized to provide vehicle key codes to one
or more "key code source" companies as described in paragraph 13 above,
28. In order to corroborate CS-l's information with respect to LOCKSMITH A, and to
confirm the link between LOCKSMITH A and USER ACCOUNT A, we tasked an Individual to
go to LOCKSMITH A and request that LOCKSMITH A make a copy of a Ford vehicle key,
solely based on the provision of the VIN for that Ford vehicle.
29. On 06/24/2011, at approximately 10:00AM MT, I established physical surveillance on the
business location for LOCKSMITH A. At approximately 10:07 AM MT, I observed this
Individual arrive and go inside the place of business for LOCKSMITH A. At approximately
10:25AM MT, I observed this Individual come out of the place of business for LOCKSMITH A
and depart. In a subsequent debrief of this Individual, this Individual told me the following:
a. The Individual had provided the following VEN to the LOCKSMITH A employee:
2006 Ford Taurus, VIN: [REDACTED], hereafter refened to as the'"TEST VIN."
b. The Individual observed the LOCKSMITH A employee call a person and provide
the VIN over the phone. Approximatelyfive-to-sevenminutes later, a person
called the LOCKSMITH A employee back and provided the employee with a key
code that the employee used to cut a key for the 2006 Ford Taurus. The
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18. Case3:11-mj-03330-NJG Document 1 Filed 07/01/11 Page 18 of 21
LOCKSMITH A employee informed the Individual that the key would only work
to get in to the car, but would not start it.
30. On 06/27/2011, we received confirmation from Ford's Global Investigations Department
that on 06/24/2011, at approximately 12:22 PM (10:22 PM Mountain Time), USER ACCOUNT
A pulled/accessed the TEST VIN for the 2006 Ford Taurus. The TEST VIN was therefore
pulled/accessed by USER ACCOUNT A during the relevant timeframethat the Individual
provided the TEST VIN to the employee at LOCKSMITH A.
31. On 06/30/2011, at approximately 10:30 AM, Special Agents of the FBI and DEA
established surveillance of GOMEZ in the area of a body shop located at 1145 Barranca, El Paso,
Texas. An agent positively identified GOMEZ, who was driving a black-colored Ford Raptor
pick-up truck bearing TX license plate number AU 1-3606. At approximately 10:45 AM, Agents
initiated a traffic-stop of GOMEZ in the area of Vista De Oro Drive, El Paso, Texas, by
activating the lights and sirens of their government vehicles. GOMEZ proceeded to lead the
Agents on a high-speed vehicle pursuit in the same area of El Paso. GOMEZ abandoned the
Ford Raptor near the body shop at 1145 Barranca and fled the area on foot. Agents were unable
to locate GOMEZ.
32. On 06/30/2011, Senior United States District Judge David Briones issued an arrest
wanant for GOMEZ.
33. On 06/30/2011, at approximately 5:30 PM, we interviewed CHAVEZ at his residence,
[REDACTED], El Paso, Texas. During the interview CHAVEZ informed us that he had met
GOMEZ approximately nine months ago and was unaware that GOMEZ was involved in drug
trafficking. CHAVEZ also told us that he had no involvement in drug trafficking.
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19. Case3:11-mj-03330-NJG Document 1 Filed 07/01/11 Page 19 of 21
34. On 06/30/2011, at approximately 6:18 PM, we observed CS-1 meet with CHAVEZ in
front of CHAVEZ's residence. CS-1 consensually monitored this conversation with a body
recorder. During the conversation, CHAVEZ informed CS-1 that the FBI had been following
GOMEZ and that is how the FBI had made the connection to CHAVEZ. CHAVEZ informed
CS-1 that the FBI had told CHAVEZ that they (FBI) had found drugs in the shop (1145
Barranca); CHAVEZ further informed CS-1 that, "there wasn't a lot, dude."6 CHAVEZ then
explained to CS-1 that he believed that thereasonthe FBI had come to his house was because
PGR wanted information about a murder that occurred in Juarez. Later during the conversation,
CS-1 told CHAVEZ that CS-1 had spoken to GOMEZ about the debt that CHAVEZ and
GOMEZ owed CS-1. CS-1 told CHAVEZ that CS-1 believed that CHAVEZ had given the
money to GOMEZ to pay CS-1 but that GOMEZ kept putting CS-1 off by telling CS-1 that
GOMEZ and CHAVEZ "were going to start working (trafficking drugs)." Later in the
conversation, with respect to the debt that GOMEZ and CHAVEZ owed CS-1, CHAVEZ said, "I
only owe you (CS-1) thirty,fiftyparts." Based on information from CS-1, GOMEZ and
CHAVEZreferto pounds of marijuana as "parts." CHAVEZ added, "I paid Carlos (GOMEZ)
before Christmas more than half." Later in the conversation, CHAVEZ told CS-1, "I told Carlos
(GOMEZ) to give you a trailer. We had a trailer that fell (was seized) with fifty (50 pounds of
marijuana) of yours."
35. Later in the 06/30/2011 recorded conversation between CS-1 and CHAVEZ, CHAVEZ
informed CS-1, "I have the counts of what is owed (to CS-1) and Carlos (GOMEZ) has them on
6
During CHAVEZ'S interview at his residence, we did not mention to CHAVEZ what type or quantity of drugs we had found at the
shop.
18
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his phone as well." CS-1 later asked CHAVEZ, "How are you going to call Carlos (GOMEZ)."
CHAVEZ replied, "Well, over there (Mexico)."
36. During the 06/30/2011 recorded conversation between CS-1 and CHAVEZ, CHAVEZ
and CS-1 had the following conversation withrespectto case involving teacher Ana Isela
Martinez Amaya: CHAVEZ stated, "we (CHAVEZ and GOMEZ) stopped (trafficking
marijuana) because of the teacher (Martinez Amaya), but before then, we (CHAVEZ and
GOMEZ) did a few (a few car loads of marijuana)." CS-1 responded, "Carlos (GOMEZ) told me
that you had someone in the neighborhood (Martinez Amaya's neighborhood in Juarez),"
CHAVEZresponded,"Oh yeah, yeah." CS-1 stated, "What happened there." CHAVEZ
responded, "Well, the soldiers."
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21. Case 3:11-mj-03330-NJG Document 1 Filed 07/01/11 Page 21 of 21
Based on the foregoing information in this Affidavit, I believe that there is Probable Cause that
Jesus CHAVEZ and Carlos GOMEZ, by utilizing keys made by LOCKSMITH A and by
victimizing individuals whom they have caused to unwittingly smuggle drugs, have violated Title
21, United States Code, Sections 841 and 846, Possession with Intent to Distribute a controlled
substance, namely 100 kilograms or more of marijuana and Conspiracy to possess with the intent
to Distribute controlled substance, namely 100 kilograms or more of marijuana.
20