2m3 OCT 24 pn 2: 19 TEXAS-EASTER:!

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$UNITED STATES OF AMERICA v. VICTOR MANUEL VILLALPANDO (1) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS I.'/LFD-r'( - c9b. ; - -, ;, < -'I7 i'. 5. @!S ; :\.$

1 UNITED STATES OF AMERICA v. VICTOR MANUEL VILLALPANDO (1) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS I.'/LFD-r'( - c9b. ; - -, ;, < -'I7 i'. ; :\. i, : CuQ3 2m3 OCT 24 pn 2: 19 TEXAS-EASTER:! By WARRANT FOR ARREST CASE NUMBER: 4:OSMJ 330 TO: The United States Marshal and any Authorized United States Officer YOU ARE HEREBY COMMANDED to arrest Victor Manuel Villalpando and bring him forthwith to the nearest Magistrate to answer a Complaint charging him with unlawfully possessed or received firearms which had the importer's or manufacturer's serial number removed, obliterated, and had, at some time, been shipped or transported in interstate or foreign commerce, all in violation of Title 18, United States Code, Section 922(k). Additionally, defendants Victor Manuel Villalpando and Norberto Estrada conspired to commit this offense in violation of Title 18, United States Code, Section 371. DON D. BUSH Name of Issuip office^ Signature of 1ssuT0fficer U. S. MAGISTRATE JUDGE Title of Issuing Officer October 24, 2008, Plano, Texas Date and Location Bail fixed at $ bv Name of Judicial Officer RETURN This warrant was received and executed with the arrest of the above-named defendant at DATE RECEIVED NAME AND TITLE OF ARRESTING OFFICERSIGNATURE OF ARRESTING OFFICER

2 UNITED STATES DISTRICT COURT F~LEo-c?~~~( 9. S. CIST!ll<). CrJQi?;- UNITED STATES OF AMERICA v. NORBERT0 ESTRADA (2) WARRANT FOR ARREST CASE NUMBER: 4:08MJ TO: The United States Marshal and any Authorized United States Officer YOU ARE HEREBY COMMANDED to arrest Victor Manuel Villalpando and bring him forthwith to the nearest Magistrate to answer a Complaint charging him with unlawfully possessed or received firearms which had the importer's or manufacturer's serial number removed, obliterated, and had, at some time, been shipped or transported in interstate or foreign commerce, all in violation of Title 18, United States Code, Section 922(k). Additionally, defendants Victor Manuel Villalpando and Norberto Estrada conspired to commit this offense in violation of Title 18, United States Code, Section 371. DON D. BUSH Name of Issuing Officer U. S. MAGISTRATE JUDGE Title of Issuing Officer Signature of issuing dficer Date and Location October 24, 2008, Plano, Texas Bail fixed at $ by Name of Judicial Officer RETURN This warrant was received and executed with the arrest of the above-named defendant at DATE RECEIVED NAME AND TITLE OF ARRESTING OFFICERSIGNATURE OF ARRESTING OFFICER DATE OF ARREST

$F ~ c\-efik ~ ~ ~ - UNITED STATES DISTRICT COURT I: S. Dt~~~::'~ COUR i EASTERN DISTRICT OF TEXAS -. 20080~724 PI! 2: 1 TEXAS.~~~TER!! V.$ UNITED STATES OF AMERICA VICTOR MANUEL VILLALPANDO (1) NORBERT0 ESTRADA (2) I, the undersigned complainant being duly sworn state the following is true and correct to the best of

UNITED STATES OF AMERICA VICTOR MANUEL VILLALPANDO (1) NORBERT0 ESTRADA (2) I, the undersigned complainant being duly sworn state the following is true and correct to the best of

On or about October 2008, up until the present, in the Eastern District of Texas and elsewhere, defendants Victor Manuel Villalpando and Norberto Estrada unlawfully possessed or

commerce, all in violation of Title 18, United States Code, Section 922(k).

3 F ~ c\-efik ~ ~ ~ - UNITED STATES DISTRICT COURT I: S. Dt~~~::'~ COUR i EASTERN DISTRICT OF TEXAS ~724 PI! 2: 1 TEXAS.~~~TER!! V. CRIMINAL COMPLAINT CASE --. UNITED STATES OF AMERICA VICTOR MANUEL VILLALPANDO (1) NORBERT0 ESTRADA (2) I, the undersigned complainant being duly sworn state the following is true and correct to the best of my knowledge and belief. On or about October 2008, up until the present, in the Eastern District of Texas and elsewhere, defendants Victor Manuel Villalpando and Norberto Estrada unlawfully possessed or received firearms which had the importer's or manufacturer's serial number removed, obliterated, and had, at some time, been shipped or transported in interstate or foreign commerce, all in violation of Title 18, United States Code, Section 922(k). Additionally, defendants Victor Manuel Villalpando and Norberto Estrada conspired to commit this offense in violation of Title 18, United States Code, Section 371. I further state that I am a(n) Special Agent, Bureau of Alcohol, Tobacco, Firearms and Explosives and that this complaint is based on the following facts: SEE ATTACHED AFFIDAVIT. Continued on the attached sheet and made a part hereof. Yes. Complainant Sworn to before me, and subscribed in my presence October 24, 2008 Plano, Texas Date DON D. BUSH U. S. MAGISTRATE JUDGE Name and Title of Judicial Officer City and State dp[d 6 Signature of Judicial Officer --

4 AFFIDAVIT OF Senior Special Agent Joseph A. Patterson, Bureau of Alcohol, Tobacco, Firearms and Explosives, Plano Satellite Field Office, 101 E. Park Blvd., Suite 500 Plano, Texas I, Joseph A. Patterson, having been duly sworn, do hereby state and depose as follows: 1. I am employed as a Senior Special Agent for the Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). I have been so employed since January 17, I am currently assigned to the ATF Plano Satellite Field Office. In connection with my official duties, I investigate criminal violations of the Federal Firearms Laws. I have had extensive experience in the execution of firearms and narcotics search warrants, debriefing of defendants, informants and witnesses. Additionally, I know that it is unlawful for any person knowingly to transport, ship, or receive, in interstate or foreign commerce, any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered or to possess or receive any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered and has, at any time, been shipped or transported in interstate or foreign commerce and that this is a violation of Title 18, United States Code, Section 922(k). 2. On October 23,2008, at approximately 6:24 p.m., Trooper David Farrell, Texas Department of Public Safety Highway Patrol, was on routine patrol on Interstate Highway (IH) 35 W in Denton County, Eastern District of Texas. Trooper Farrell was traveling northbound on IH-35W, when he observed a 2007 white GMC Yukon, Texas License Plate 984PNN, also traveling northbound without a front license plate. Trooper Farrell activated his emergency lights and stopped the vehicle at the 77 mile post for the violation. The driver was identified as Victor Manuel VILLALPANDO (WIM ) by his Texas Drivers License, Number A check of VILLALPANDO'S driver's license revealed that he was driving without a valid license. AFFIDAVIT - PATTERSON - PAGE 1

5 Trooper Farrell asked VILLALPANDO to exit the vehicle so that he could explain the traffic violations and to allow VILLALPANDO to explain why he was driving without a invalid license. Trooper Farrell also asked the passenger identified as Norberto ESTRADA (WIM ) if he could see his driver's license so that he could drive the vehicle due to VILLALPANDO'S driving status. ESTRADA was identified by his Texas Driver's License, Number Trooper Farrell noted that VILLALPANDO seemed extremely nervous throughout the traffic stop, as did ESTRADA. Trooper Farrell asked VILLALPANDO for consent to search and it was granted. Trooper Farrell then patted down VILLALPANDO for weapons with negative results. Trooper Farrell asked ESTRADA to exit the vehicle and patted him down for weapons with negative results. Trooper Farrell separated VILLALPANDO and ESTRADA on the side of the highway. Trooper Farrell began to search the vehicle, at which time VILLALPANDO fled the traffic stop on foot. Trooper Farrell then handcuffed ESTRADA to prevent him from fleeing and called for cover units over the radio. Trooper Farrell resumed his search of the vehicle and observed numerous assault type rifles, ammunition, loaded rifle magazines, body armor, twenty (20) black ski mask and three (3) handguns with loaded magazines in the rear seat and cargo area of the vehicle. After cover units arrived including a police K-9 and aircraft, a search for VILLALPANDO began. VILLALPANDO was located hiding in a muddy creek bed and was arrested. VILLALPANDO and ESTRADA were transported to the Denton County Sheriffs Office. The vehicle was towed to the Denton County Sheriffs Office in order to complete the vehicle inventory search. 3. I was contacted by the Denton County Sheriffs Office regarding the traffic stop, recovery of firearms and numerous rounds of ammunition, as well as the manhunt for Victor Manuel VILLALPANDO. ATF Task Force Officer Bryan Lester and I responded to the traffic stop location and arrived prior to the apprehension of VILLALPANDO. I obtained the person identifiers for Norberto ESTRADA and VILLALPANDO. I then contacted Special Agent Daniel Kaase, ATF, who is assigned to the Fort Worth Field Office. I learned that both VILLALPANDO and ESTRADA were part of an active criminal investigation involving the illegal trafficking of firearms from the United States AFFIDAVIT - PATTERSON - PAGE 2

6 to Mexico. Special Agent Kaase advised that he and other Special Agents and Task Force Officers from the Fort Worth Field Office would respond to the Denton County Sheriffs Office. 4. During the inventory search of the vehicle at the Denton County Sheriffs Office, a Smith and Wesson, Model SW40VE,.40 caliber semi-automatic pistol, with an obliterated Serial Number was recovered. Additionally, ten (10) of the fifteen (15) long guns had obliterated and/or altered serial numbers. The fourteen (14) of the long guns consisted of 7.62x39mm caliber semi-automatic rifles, which were not manufactured in the United States. 5. Special Agent Daniel Kaase, Texas Ranger Tracey Murphree and I, interviewed Norberto ESTRADA at the Denton County Sheriffs Office. Special Agent Kaase advised ESTRADA of his Constitutional rights, pursuant to the Miranda decision, which he acknowledged and waived. ESTRADA advised, freely and voluntarily, that he was aware that the aforementioned Smith and Wesson pistol had an obliterated serial number. ESTRADA advised that he believed that the firearm was from the "Street" and assumed that it was a stolen firearm. ESTRADA advised that Victor Manuel VILLALPANDO and he had loaded the firearms and ammunition into the vehicle at VILLALPANDO'S house located in Burleson, Texas. ESTRADA advised that the firearms and ammunition had been dropped off by an unidentified male the previous night and that they had been stored in VILLALPANDO'S garage. ESTRADA advised that he had previously purchased three (2) 7.62x39mm caliber rifles at Cheaper Than Dirt in Fort Worth, Texas. ESTRADA advised that he had also purchased the 12 gauge shotgun that was located in the vehicle. 6. I know, based upon my training and experience, that the Smith and Wesson, Model SW40VE,.40 caliber semi-automatic pistol, with the obliterated Serial Number was not manufactured in the State of Texas. Based upon the condition of the area where the Serial Number should have been located, I know that it had been obliterated. AFFIDAVIT - PATTERSON - PAGE 3

7 Additionally, the firearm would have affected interstate or foreign commerce to be possessed by an individual in the State of Texas. 7. Based on this information, I believe that Victor Manuel VILLALPANDO and Norberto ESTRADA, unlawfully possessed or received firearms which had the importer's or manufacturer's serial number removed, obliterated, and had, at some time, been shipped or transported in interstate or foreign commerce and that this is a violation of Title 18, United States Code, Section 922(k). Additionally, that VILLALPANDO and ESTRADA conspired to commit this offense in violation of Title 18, United States Code, Section 371. < ~-~ent Joseph A. Patterson Bureau df ~lcohol, ~obacco, Firearms and Explosives (ATF) SUBSCRIBED and SWORN to before me on day of October, UNITED STATES MAGISTRATE JUDGE EASTERN DISTRICT OF TEXAS AFFIDAVIT - PATTERSON - PAGE 4

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS UNITED STATES OF AMERICA v. NASER JASON ABDO CRIMINAL COMPLAINT CASE NUMBER: I, the undersigned complainant being duly sworn, state the following