criminal complaints in marijuana bust

UNITED iiAT~§rDtSTRICT COURT EASTERNCD18TRICT OF WISCONSIN

UNITED STATES OF AMERICA "10 AUG 1~ P2 =47 CRIMINAL COMPLAINT

v.

JO~ It/PPD CASE NUMBER: IO~ yY\ - (p SO URIEL PEREZ-ALJANDRES

\~: '0 DOB: XX-XX-1986

I, Steven B. Curran, the undersigned complainant, being duly sworn, state the following is true and correct to the best of my knowledge and belief.

Count One: Beginning May, 20 I°through August 10,20 I0, in the State and Eastern District ofWisconsin, URIEL PEREZALJANDRES, the defendant herein, did knowingly and intentionally conspire to distribute and manufacture in excess of 1,000 marijuana plants, a Schedule I controlled substance, in violation of Title 21, United States Code, Section 841(a)(I), (b)(1 )(A) and 846.

Count Two: On or about August 10, 2010, in Seymour, Outagamie County, in the State and Eastern District of Wisconsin, URIEL PEREZ-ALJANDRES, the defendant herein, did knowingly possess with intent to distribute in excess of 100 marijuana plants, a Schedule I controlled substance, in violation ofTitle 21, United States Code, Section 841 (a)( 1), (b)( 1)(B) and 18 U.S.C. Section 2.

I further state that I am a Special Agent with the United States Department ofJustice, Drug Enforcement Administration, and this complaint is based on the following facts:

Please see the attached affidavit. Continued on the attached sheet and made a part hereof: X Yes No

Signature of Complainant STEVEN B. CURRAN

Sworn to before me and subscribed in my presence,

August ! ,2010 at Green Bay, Wisconsin Date City and State

The Honorable James R. Sickel, United States Magistrate Judge Name & Title of Judicial Officer

AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT AND ARREST WARRANT

I, Steven B. Curran, a Special Agent with the Drug Enforcement Administration (hereinafter

referred to as "DEA"), being duly sworn, depose and state as follows:

I. EXPERIENCE OF AFFIANT

1. I am employed as a Special Agent with DEA. I have been employed with DEA since

August 2000, and I have been a law enforcement officer since June 1988. In both capacities, but

particularly as a DEA agent, I have received specialized training, experience, and knowledge relative

to controlled substance investigations. Along with state, local, and other federal drug agents, I

investigate controlled substance violations full-time. I have attended controlled substance training

and seminars, and I frequently discuss drug investigations with other knowledgeable agents.

2. During the course of my employment, I have participated in the execution of more

than one hundred search warrants in the capacity of affiant and/or participant. These warrants

involved the search of locations including residences, businesses, "stash houses" (houses used as

drug/money storage locations), and storage facilities.

3. I am authorized to investigate violations oflaws ofthe United Sates and to execute

warrants issued under the authority of the United States.

II. PURPOSE OF AFFIDAVIT

4. I submit this affidavit in support of a criminal complaint and arrest warrant for the

following individuals:

a. Salvador Montez-Canchola (d.o.b. xx/xx/1988) b. Raul Juvenal Avila-Rodriguez (d.o.b. xx/xx/1976) c. Jesus DelaTorre-Avila (d.o.b. xx/xx/1978) d. Javier Navarro-Zaragoza (d.o.b. xx/xx/1978) e. Uriel Perez-Aljandres (d.o.b. xx/xx/1986)

f. Gustavo Barragua-Mendoza (d.o.b. xx/xx/1973) g. Jorge Omar Perez-Hipolito (d.o.b. xx/xx/1986) h. Armando Adame-Alvarado (d.o.b. xx/xx/1983) 1. Jose Luis Sandoval-Mendoza (d.o.b. xx/xx/1964)

III. BASIS FOR FACTS ESTABLISHING PROBABLE CAUSE

5. Because this affidavit is submitted for the limited purpose ofsecuring arrest warrants

and criminal complaints as noted in paragraph 4, I have not set forth every fact known to me

regarding this investigation. Rather, I have set forth those facts which I believe support a finding of

probable cause. I also have set forth any exculpatory information of which I have knowledge.

6. The information contained in this affidavit is based upon my personal knowledge and

investigation, my review of various documents and records, as well as information supplied to me

by other Special Agents of the DEA, as well as investigators with the Wisconsin Department of

Justice Division ofCriminal Investigations (DCI), the United States Forest Service (USFS), and the

U.S. Department of Homeland Security Immigration and Customs Enforcement (ICE), all ofwhom

I believe to be truthful and reliable. The information in this affidavit also is based in part on

information provided from records received pursuant to administrative subpoenas, and information

obtained through reliable public sources such as Lexis-Nexis. The information contained in this

affidavit is received by other law enforcement officers is believed to be truthful and reliable as they

have provided truthful and reliable information in the past. Everything set forth in this affidavit is

true to the best of my knowledge and belief.

7. As detailed below, there is probable cause to believe that Salvador Montez-Canchola,

Raul Juvenal Avila-Rodriguez, Jesus DelaTorre-Avila, Javier Navarro-Zaragoza, Uriel Perez-

Aljandres, Gustavo Barragua-Mendoza, Jorge Omar Perez-Hipolito, Armando Adame-Alvarado, and

2

Jose Luis Sandoval-Mendoza have committed conspiracy to manufacture and distribute marijuana,

a Schedule I controlled substance, and possession with intent to distribute marijuana, all in violation

of21 U.S.C. § 841 (a)(l) and 846.

IV. SUMMARY OF FACTS ESTABLISHING PROBABLE CAUSE

8. This affidavit was prepared in connection with the investigation ofmultipIe marijuana

grow sites on public land in northern Wisconsin's Chequamegon-Nicolet National Forest, in the

State and Eastern District of Wisconsin. There are thousands of marijuana plants growing in these

sites, and there is probable cause to believe that the same drug trafficking organization (hereinafter

referred to as "DTO") is overseeing the operation and employing the workers at the various sites.

9. In May 2010, USFS agents received information from a concerned citizen advising

that he/she observed two Hispanic males preparing a grow site in Oconto County, in the State and

Eastern District of Wisconsin, on the Chequamegon-Nicolet National Forest. Agents from the

USFS, DCI, and DEA began ajoint investigation into the alleged grow.

10. In May 2010, law enforcement discovered a large marijuana grow within the

Chequamegon-Nicolet National Forest near Oconto County Highway W (hereinafter referred to as

"CTH W"). Multiple grow sites were located that appeared to be related to each other and under

construction as numerous areas were clear-cut and prepped within the national forest. Shelters

consistent with the type ofliving quarters that have been found in the investigation ofprevious DTO

marijuana grows were also discovered.

11. Additional investigative efforts throughout June and July 2010 confirmed the

presence of nine marijuana grow sites on the Chequamegon-Nicolet National Forest, all within

Oconto County, in the State and Eastern District of Wisconsin. In late July and early August 2010,

3

additional marijuana grow sites were discovered on the Menominee Indian Reservation (hereinafter

referred to as "MIR") in Menominee County, in the State and Eastern District of Wisconsin.

12. On June 6, 2010, law enforcement conducted surveillance on a suspected r~-supply

route near one ofthe marijuana grows sites that was observed on national forest land near Mountain,

Wisconsin. This particular re-supply route (hereinafter referred to as the "access road") is located

adjacent to CTH W. The access road appears to be an old logging road and travels past one of the

marijuana grow sites. During this surveillance, officers observed a blue 1994 Toyota truck, bearing

Wisconsin license plate number HD6621, drive down the suspected re-supply route/access road. The

blue Toyota traveled down the access road and left the area after approximately four minutes.

Approximately two hours later, the blue Toyota drove by the access road again but did not go down

the access road as another vehicle approached from the other direction. According to Wisconsin

Department of Transportation, the blue Toyota is registered to Antonio AVILA-FARIAS, 13073

Highway 32, Mountain, Wisconsin.

13. On July 29,2010, law enforcement traveled again to the access road. On this date,

officers observed a blue 1994 GMC Sierra pickup truck, bearing Wisconsin license plate number

HC640l, parked at the intersection of the access road and CTH W. Several Hispanic males were

observed loading white bags into the rear ofthe vehicle. The bags appeared to be white nylon sacks

similar to those used to store grain feed.

14. As the pickup truck began to leave the area, investigators began mobile surveillance

ofthe blue GMC pickup truck. The vehicle traveled to a residence located at W1684 State Highway

(hereinafter referred to as "STH") 54, in Seymour, Outagamie County, in the State and Eastern

District of Wisconsin (hereinafter referred to as the "Residence"). The vehicle made no stops and

4

remained under observation of law enforcement the entire time. Upon arriving at the Residence,

surveillance was maintained by investigators.

15. A short time later, a male left the Residence in the blue pickup truck and traveled to

Fleet Farm on Shawano Avenue in Green Bay, Wisconsin. After leaving Fleet Farm, the vehicle

returned to the Residence. Investigators later learned that the male purchased six pairs of pruning

shears at Fleet Farm. Such implements are regularly used to process harvested marijuana.

16. Surveillance officers observed the blue pickup truck then exit the Residence and

travel to a gas station, where two Hispanic males were observed in the blue pickup. The vehicle then

traveled from Seymour to the Village ofZoar on the MIR. The vehicle traveled both north and south

on STH 47 and pulled off to the side of the road numerous times. Based on their training and

experience, surveillance officers believed this activity to be consistent with an attempt to determine

if the vehicle was being followed by law enforcement. The passenger ofthe vehicle was dropped

off near the county line between Langlade and Menominee Counties.

17. A short time later, investigators observed the vehicle parked on a gravel road on the

MIR approximately 1 mile south ofSTH 55 and 4 miles east of the Langlade/Menominee County

line. Three individuals were observed exiting from a tree line with numerous white bags. The males

were observed throwing the bags into the rear bed area of the vehicle. The vehicle then exited the

area and traveled southbound on STH 47, arriving back at the Residence. Two individuals exited

from the tree line behind the Residence and met with four individuals in the vehicle. The six

individuals retrieved numerous white bags from the bed ofthe truck and carried the white bags into

the Residence through the rear door.

18. On July 30,2010, investigators returned to the MIR site and observed a marijuana

5

grow. Investigators estimated there were approximately 1,000 marijuana plants at the location, and

observed that a number of plants had been harvested. Investigators left the marijuana plants in the

condition in which they were found.

19. On July 30, 2010, investigators also returned to the Mountain site at CTH W where

investigators observed the pickup truck parked on July 29, 201 O. Investigators examined the ground

and discovered a foot trail, leading from where the vehicle had been parked to an area of vegetation

in the tree line. Inside the tree line, investigators observed an area where vegetation was clearly, and

recently, matted down. Investigators believed the matted down vegetation appeared consistent with

laying heavy packs on the ground in that area. Investigators followed the trail south along the

re-supply road and found that it traveled toward the area of the known marijuana grow sites.

20. Investigators then traveled to the area ofanother known marijuana grow site adjacent

to CTH T, just south of STH 65, west of Mountain. This grow site has an unnamed logging road

near it that investigators believe is used as the re-supply and pick up point for the grow site.

Investigators examined the area and located fresh vehicle tracks as well as foot prints. They tracked

the prints and were able to locate another area ofmatted down vegetation similar to the site on CTH

W.

21. Later on July 30, 2010, investigators traveled to a wooded area adjacent to a residence

in Mountain, which is utilized by at least one male believed to be involved in the marijuana grow

operations described above. During earlier investigations, two marijuana grow sites were located

in the wooded area. One ofthose sites contained approximately 275 marijuana plants and the other

contained approximately 40 marijuana plants. One site is approximately 175 yards from the

residence and the other is approximately 250 yards. Investigators visited both sites and discovered

6

strips of white nylon consistent with the appearance of the bags that were being loaded into the

suspect vehicle on CTH W on July 29, 2010. Investigators also discovered that a number of

marijuana plants that had been in a nearby drying shed were now gone. They observed the

framework for a larger structure that appeared to be prepared for constructing a drying shed.

Marijuana leaves and clippings were littered around this structure as if the site had been used to

process and dry marijuana.

22. Based on my training and experience and the facts set forth above, I believe that the

white nylon sacks were utilized to carry harvested marijuana from the marijuana grow sites. These

bags were staged near a re-supply point, and later loaded into a vehicle and transported to the

Residence. I believe the marijuana will be further processed at the Residence for distribution.

23. On August 4,2010, investigators observed a Hispanic male, FNU LNU, leave the

Residence and travel to Fleet Farm in Green Bay where he browsed .223 ammunition. The male then

traveled to a nearby Wal-Mart store where he purchased 9 mm ammunition.

24. On August 7, 2010, law enforcement observed hanging marijuana plants at the

Residence. At approximately 8:30 a.m., a white Chevrolet pickup truck left the Residence with three

male occupants. The vehicle traveled to Mountain, Wisconsin and turned down CTH W toward

known marijuana sites. A short time later, law enforcement observed the vehicle at a gas station in

Mountain, Wisconsin with only one occupant in the vehicle. After approximately 15 minutes, the

vehicle left the gas station and returned to CTH W, turning onto the access road described above.

This is the same road where Hispanic males were observed loading white bags into the blue pickup

truck on July 29, 2010. Approximately 30 minutes later, the vehicle left the re-supply road with

three male occupants and traveled back to the Residence with a large wooden box in the bed of the

7

truck. Upon arrival at the Residence, investigators observed the occupants unload the items from

the bed of the truck and carry the items into the garage of the Residence.

25. Later in the day on August 7, 2010, the white Chevrolet pickup truck traveled to the

area of the marijuana grow sites on the MIR, with three males in the vehicle. Two males were

dropped off at the MIR grow site. The vehicle then traveled to Langlade County and later returned

to the MIR grow site. At approximately 8 p.m., the vehicle returned to the Residence.

26. On August 10,2010, investigators with DEA and DCI executed a search warrant at

the Residence, which is located at W1684 State Highway 54, Seymour, Outagamie County, in the

State and Eastern District of Wisconsin. Nine Hispanic males were located within the residence,

including Salvador Montez-Canchola, Raul Juvenal Avila-Rodriguez, Jesus DelaTorre-Avila, Javier

Navarro-Zaragoza, Uriel Perez-Aljandres, Gustavo Barragua-Mendoza, Jorge Omar Perez-Hipolito,

Armando Adame-Alvarado, and Jose Luis Sandoval-Mendoza.

27. Upon entering the residence, officers observed a fully operational marIjUana

processing center within the residence. Officers observed hanging marijuana plants drying in the

garage and laundry room. Cut marijuana buds were drying throughout all ofthe rooms in the house,

save the kitchen. Approximately 232 marijuana plants, approximately two hundred pounds ofdrying

marijuana, and numerous items consistent with the cultivation and processing of marijuana,

including industrial sized back pack sprayers, handsaws, sheers, and fertilizers, were located in the

search. Officers indicated that the smell of marijuana permeated the entire house.

28. A numberoffirearms were located in the search, including anAK-47 assault rifle and

two AK-47 loaded magazine clips, a .30-06 Remington rifle, a 9 mm Ruger semi-automatic

handgun, and a BB gun. All ofthe firearms were located in the northwest bedroom ofthe residence.

8

29. In a fenced area outside of the residence, officers located 63 growing marijuana

plants. The blue GMC Sierra pickup truck described in paragraph 13 above was located at the

residence. The bed of the truck was covered with marijuana.

30. A sample of the marijuana located within the residence was field tested. It tested

positive for the presence of marijuana.

VI. CONCLUSION

31. Based on the foregoing information, I believe there is probable cause to believe that

Salvador Montez-Canchola, Raul Juvenal Avila-Rodriguez, Jesus DelaTorre-Avila, Javier Navarro-

Zaragoza, Uriel Perez-Aljandres, Gustavo Barragua-Mendoza, Jorge Omar Perez-Hipolito, Armando

Adame-Alvarado, and Jose Luis Sandoval-Mendoza have been engaged in conspiracy to manufacture

and distribute marijuana, a Schedule I controlled substance, and possession with intent to distribute

marijuana, all in violation of Title 21, United States Code, §§ 841(a)(l) and 846.

Dated this ~ day of August, 20] O.

Steven B. Curran

Subscribed and sworn to before me this ~,----,--""day of August, 2010.

9

UNIt~I5!STATES DISTRICT COURT EAsTERN DISTRICT OF WISCONSIN

UNITED STATES OF AMERICAiQ AUG 1~ P2 :48 CRIMINAL COMPLAINT

v.

;e-IPPO CASE NUMBER: 10· Yl'\ . ~5)hARMANDO ADAME-ALVARA0!9 ; DOB: XX-XX-1983


Count One: Beginning May, 2010 through August 10, 2010, in the State and Eastern District of Wisconsin, ARMANDO ADAME-ALVARADO, the defendant herein, did knowingly and intentionally conspire to distribute and manufacture in excess of 1,000 marijuana plants, a Schedule I controlled substance, in violation of Title 21, United States Code, Section 841 (a)(l), (b)(1 )(A) and 846.

Count Two: On or about August 10, 2010, in Seymour, Outagamie County, in the State and Eastern District of Wisconsin, ARMANDO ADAME-ALVARADO, the defendant herein, did knowingly possess with intent to distribute in excess of 100 marijuana plants, a Schedule 1controlled substance, in violation ofTitle 21, United States Code, Section 841 (a)( 1), (b)( 1)(B) and 18 U.S.c. Section 2.





August Date

l~ ,2010 at Green Bay, Wisconsin City and State




referred to as "DEA"), being duly swom, depose and state as follows:












3. I am authorized to investigate violations oflaws of the United Sates and to execute





a. Salvador Montez-Canchola (d.o.b. xx/xx/1988) b. Raul Juvena1 Avila-Rodriguez (d.o.b. xx/xx/1976) c. Jesus DelaTorre-Avila (d.o.b. xx/xx/1978) d. Javier Navarro-Zaragoza (d.o.b. xx/xx/1978) e. Urie1 Perez-A1jandres (d.o.b. xx/xx/1986)






probable cause. I also have set forth any exculpatory infonnation of which I have knowledge.





U.S. Department ofHomeland Security Immigration and Customs Enforcement (lCE), all ofwhom










2



of21 U.S.C. § 841(a)(1) and 846.


8. This affidavit was prepared in connection with the investigation ofmultiple marijuana








USFS, DCI, and DEA began a joint investigation into the alleged grow.







II. Additional investigative efforts throughout June and July 2010 confirmed the



3



12. On June 6, 2010, law enforcement conducted surveillance on a suspected re-supply













HC6401, parked at the intersection of the access road and CTH W. Several Hispanic males were







4












if the vehicle was being followed by law enforcement. The passenger of the vehicle was dropped








individuals retrieved numerous white bags from the bed of the truck and carried the w'hite bags into


18. On July 30, 2010, investigators returned to the MIR site and observed a marijuana

5


observed that a number ofplants had been harvested. Investigators left the marijuana plants in the



investigators observed the pickup truck parked on July 29, 201 O. Investigators examined the ground

and discovered a foot trail, leading from where the vehicle had been parked to an area ofvegetation










W.

21. Later on July 30,2010, investigators traveled to a wooded area adjacent to a residence



in the wooded area. One of those sites contained approximately 275 marijuana plants and the other



6











23. On August 4, 2010, investigators observed a Hispanic male, FNU LNU, leave the

Residence and travel to Fleet Fann in Green Bay where he browsed .223 ammunition. The male then









truck on July 29, 2010. Approximately 30 minutes later, the vehicle left the re-supply road with


7










including Salvador Montez-Canchola, Raul Juvenal Avila-Rodriguez, Jesus DelaTorre-Avila, Javier





garage and laundry room. Cut marijuana buds were drying throughout all ofthe rooms in the house,




search. Officers indicated that the smell of marijuana permeated the entire house.

28. A number offirearms were located in the search, including anAK-47 assault rifle and


handgun, and a BB gun. All ofthe fiream1s were located in the northwest bedroom ofthe residence.

8




30. A sample ofthe marijuana located within the residence was field tested. It tested


VI. CONCLUSION






marijuana, all in violation of Title 21, United States Code, §§ 841(a)(l) and 846.

Dated this ~ day of August, 2010.

Steven B. Curran

thisSub1qribed and sworn to before __\_day of August, 2010.

9

UNIT~rsTATESDISTRICT COURT EA8rERN DISTRICT OF WISCONSIN

UNITED STATES OF AMERICA '10 AUG 11 P2 :48 CRIMINAL COMPLAINT

v. CASE NUMBER: 10' yi\. lo5 ~ iLiPPO

JOSE LUIS SANDOVAL-MENDO:t9.!' j 00"0, DOB: XX-XX-1964


Count One: Beginning May, 2010 through August 10,2010, in the State and Eastern District of Wisconsin, JOSE LUIS SANDOVAL-MENDOZA, the defendant herein, did knowingly and intentionally conspire to distribute and manufacture in excess of 1,000 marijuana plants, a Schedule I controlled substance, in violation of Title 21, United States Code, Section 841(a)(l), (b)(l)(A) and 846.

Count Two: On or about August 10, 2010, in Seymour, Outagamie County, in the State and Eastern District of Wisconsin, JOSE LUIS SANDOVAL-MENDOZA, the defendant herein, did knowingly possess with intent to distribute in excess of 100 marijuana plants, a Schedule I controlled substance, in violation of Title 21, United States Code, Section 841 (a)(l), (b)(l)(B) and 18 U.S.C. Section 2.


Please see the attached affidavit. Continued on the attached sheet and made a part hereof: II Yes No



August Date

1\_---'-,-=2-"-'010...:0;0 _ at Green Bay, Wisconsin City and State




referred to as "DEA"), being duly sworn, depose and state as follows:












3. I am authorized to investigate violations oflaws ofthe United Sates and to execute

warrants issued under the authority ofthe United States.




a. Salvador Montez-Canchola (d.o.b. xx/xx/1988) b. Raul Juvenal Avila-Rodriguez (d.o.b. xx/xx/1976) c. Jesus DelaTorre-Avila (d.o.b. xx/xx/1978) d. Javier Navarro-Zaragoza (d.o.b. xx/xx/1978) e. Uriel Perez-Aljandres (d.o.b. xx/xx/1986)

1






probable cause. I also have set forth any exculpatory information of which I have knowledge.





U.S. Department ofHomeland Security Immigration and Customs Enforcement (ICE), all ofwhom










2



of21 U.S.C. § 841(a)(l) and 846.


8. This affidavit was prepared in connection with the investigation ofmultiple marijuana















11. Additional investigative efforts throughout June and July 2010 confirmed the



3










Approximately two hours later, the blue Toyota drove by the access road again but did not go dOW11













4












ifthe vehicle was being followed by law enforcement. The passenger ofthe vehicle was dropped








individuals retrieved numerous white bags from the bed of the truck and carried the white bags into


18. On July 30, 2010, investigators returned to the MIR site and observed a marijuana

5





investigators observed the pickup truck parked on July 29, 2010. Investigators examined the ground











W.







6











23. On August 4,2010, investigators observed a Hispanic male, FNU LNU, leave the

Residence and travel to Fleet Farm in Green Bay where he browsed .223 ammunition. The male then









truck on July 29,2010. Approximately 30 minutes later, the vehicle left the re-supply road with


7










including SalvadorMontez-Canchola, Raul Juvenal Avila-Rodriguez, Jesus DelaTorre-Avila, Javier





garage and laundry r00111. Cut marijuana buds were drying throughout all ofthe rooms in the house,




search. Officers indicated that the smell of marijuana pern1eated the entire house.

28. A number offirearms were located in the search, including an AK-47 assault rifle and


handgun, and a BB gun. All ofthe firearms were located in the northwest bedroom ofthe residence.

8




30. A sample of the marijuana located within the residence was field tested. It tested


VI. CONCLUSION






marijuana, all in violation of Title 21, United States Code, §§ 841(a)(I) and 846.

Dated this --li- day of August, 2010.

Steven B. Curran

Subscribed and sworn to before me this ----;..ot="",day of August, 2010.

o Public, State of Wis~ifstl~

y commission ~ec~"r'\~

9

UNITE:~T~~~~~~gI~i~s~~~PRT UNITED STATES OF AMERICA '10 AUG 12 P2 :10

CRIMINAL COMPLAINT v.

CASE.}WMBER: fl.IPM (p0.~BERNABE J. NUNEZ-GUZMAN \

DOB: XX-XX-1974

I, Jeffrey S. Bangert, the undersigned complainant, being duly sworn, state the following is true and correct to the best of my knowledge and belief.

Count One: Beginning May, 2010 through August 10,2010, in the State and Eastern District of Wisconsin, BERNABE J. NUNEZ-GUZMAN, the defendant herein, did knowingly and intentionally conspire to distribute and manufacture in excess of 1,000 marijuana plants, a Schedule I controlled substance, in violation of Title 21, United States Code, Section 841 (a)( 1), (b)(1 )(A) and 846.



Sign ure ofComplainant JEFFREY S. BANGERT


August \0- ,2010. Date


Wisconsin


I, Jeffrey S. Bangert, a Special Agent with the Drug Enforcement Administration (hereinafter

referred to as "DEN'), being duly sworn, depose and state as follows:



October 1998. In both capacities, but particularly as a DEA agent, I have received specialized

training, experience, and knowledge relative to controlled substance investigations. Along with

state, local, and other federal drug agents, I investigate controlled substance violations full-time. I

have attended controlled substance training and seminars, and I frequently discuss drug

investigations with other knowledgeable agents.





3. I am authorized to investigate violations oflaws of the United Sates and to execute



4. I submit this affidavit in support of a criminal complaint and arrest warrant for

Bernabe J. Nunez-Guzman (d.o.b. xx/xx/1974).


5. Because this affidavit is submitted for the limited purpose of securing an arrest

warrant and criminal complaint for Bernabe]. Nunez-Guzman. I have not set forth every fact known

to me regarding this investigation. Rather, I have set forth those facts which I believe support a

finding of probable cause. I also have set forth any exculpatory information of which I have

knowledge.



by other Special Agents of the DEA, investigators with the Wisconsin Department of Justice

Division of Criminal Investigations (DCI), the United States Forest Service (USFS), the Lake

Winnebago Metropolitan Meg Drug Unit (LWAM), and the U.S. Department ofHomeland Security

Immigration and Customs Enforcement (ICE), and officers with the Oconto County Sheriffs

Department, Clintonville Police Department and the Shawano County Sheriffs Department, all of

whom I believe to be truthful and reliable. The information in this affidavit also is based in part on






7. As detailed below, there is probable cause to believe that Bernabe J. Nunez-Guzman

has committed conspiracy to manufacture and distribute marijuana, a Schedule I controlled

substance, in violation of21 U.S.C. § 841(a)(l) and 846.


8. On September 13, 2009, Genaro Avila-Rodriguez was arrested on a routine traffic

stop in Clintonville, in the State and Eastern District of Wisconsin, after officers located

2

approximately 9.6 grams ofloose marijuana leaves scattered in the van that Avila-Rodriguez was

driving. During this stop, Avila-Rodriguez originally identified himself with a California driver's

license as Adrian Maldonado. Avila-Rodriguez told officers that he was currently living with his

brother-in-law at 519 E. Pine Street, New London, Wisconsin. Avila-Rodriguez later told law

enforcement his actual residence was 643 Soni Court, San Jose, California. The vehicle

Avila-Rodriguez was driving was registered to two males at 519 E. Pine Street, New London,

Wisconsin. During the traffic stop, officers observed that the rear seats and carpeting were removed

from the van. Officers also observed, in plain-view, raw marijuana leaves scattered throughout the

vehicle. The marijuana leaves were on the back tailgate, the back of the front seats, the floor, and

the ceiling. This led officers to believe that the vehicle had been used to transport large amounts of

raw marIJuana.

9. On September 29,2009, investigators with the Shawano County Sheriffs Department

located a large-scale marijuana grow operation within Shawano County on the publicly-owned

Navarino Wildlife Preserve, in the State and Eastern District of Wisconsin. In October of2009, law

enforcement seized approximately 8,000 marijuana plants from multiple sites in the grow operation

and located several base camps with sleeping bags, propane stoves, tents and clothing.

10. Prior to eradicating the Navarino marijuana grow sites, law enforcement placed covert

video cameras at strategic points near the grow sites. From video captured by one ofthese cameras,

law enforcement was able to identify Genaro Avila-Rodriguez (with other unknown males)

inspecting a suspected marijuana plant.

11. This affidavit was also prepared in connection with the investigation of multiple

marijuana grow sites on public land in northern Wisconsin's Chequamegon-Nicolet National Forest,

3

in the State and Eastern District of Wisconsin. There are thousands of marijuana plants growing in

these sites, and there is probable cause to believe that the same drug trafficking organization

(hereinafter referred to as "DTO") is overseeing the operation and employing the workers at the

various sites.











14. Additional investigative efforts throughout June and July 2010 confirnled the








4









16. On July 29,2010, law enforcementtraveled again to the access road. On this date,








District of Wisconsin (hereinafter referred to as the "Seymour residence'} The vehicle made no

stops and remained under observation of law enforcement the entire time. Upon arriving at the

Seymour residence, surveillance was maintained by investigators.

18. A short time later, a male left the Seymour residence in the blue pickup truck and

traveled to Fleet Farm on Shawano Avenue in Green Bay, Wisconsin. After leaving Fleet Farm, the

vehicle returned to the Seymour residence. Investigators later learned that the male purchased six

5

pairs of pruning shears at Fleet Farm. Such implements are regularly used to process harvested

marIJuana.

19. Surveillance officers observed the blue pickup truck then exit the Seymour residence

and travel to a gas station, where two Hispanic males were observed in the blue pickup. The vehicle

then traveled from Seymour to the Village ofZoar on the MIR. The vehicle traveled both north and

south on STH 47 and pulled off to the side ofthe road numerous times. Based on their training and


if the vehicle was being followed by law enforcement. The passenger of the vehicle was dropped






area and traveled southbound on STH 47, arriving back at the Seymour residence. Two individuals

exited from the tree line behind the Seymour residence and met with four individuals in the vehicle.

The six individuals retrieved numerous white bags from the bed ofthe truck and carried the white

bags into the Seymour residence through the rear door.

21. On July 30,2010, investigators retumed to the MIR site and observed a marijuana




22. On July 30, 2010, investigators also retumed to the Mountain site at CTH W where

6

investigators observed the pickup truck parked on July 29,20 IO. Investigators examined the ground







to CTH T,just south ofSTH 65, west of Mountain. This grow site has an unnamed logging road



the prints and were able to locate another area of matted down vegetation similar to the site on CTH

w.











7






Seymour residence. I believe the marijuana will be further processed at the Seymour residence for

distribution.

26. On August 4,2010, investigators observed a Hispanic male, FNU LNU. leave the

Seymour residence and travel to Fleet Farm in Green Bay where he browsed .223 ammunition. The

male then traveled to a nearby Wal-Mart store where he purchased 9 mm ammunition.

27. On August 7, 20] 0, law enforcement observed hanging marijuana plants at the

Seymour residence. At approximately 8:30 a.m., a white Chevrolet pickup truck left the Seymour

residence with three male occupants. The vehicle traveled to Mountain, Wisconsin and turned down

CTH W toward knovvTI marijuana sites. A short time later, law enforcement observed the vehicle

at a gas station in Mountain. Wisconsin with only one occupant in the vehicle. After approximately

15 minutes, the vehicle left the gas station and returned to CTH W, turning onto the access road

described above. This is the same road where Hispanic males were observed loading white bags into

the blue pickup truck on July 29, 2010. Approximately 30 minutes later, the vehicle left the

re-supply road with three male occupants and traveled back to the Seymour residence with a large

wooden box in the bed of the truck. Upon arrival at the Seymour residence, investigators observed

the occupants unload the items from the bed of the truck and carry the items into the garage of the

Seymour residence.

8




to the MIR grow site. At approximately 8 p.m., the vehicle returned to the Seymour residence.

29. On August 10,2010. DEA and DCI investigators executed a search warrant at the

Seymour residence located at W1684 State Highway 54, Seymour, Outagamie County, in the State

and Eastern District ofWisconsin. Nine Hispanic males were located within the Seymour residence

and arrested. Upon entering the Seymour residence, officers observed a fully operational marijuana

processing center. Officers observed hanging marijuana plants drying in the garage and laundry

room. Cut marijuana buds were drying throughout all of the rooms in the house, save the kitchen.

Approximately 232 marijuana plants, approximately two hundred pounds of drying marijuana, and

numerous items consistent with the cultivation and processing of marijuana, including industrial

sized back pack sprayers, handsaws, sheers, and fertilizers, were located in the search. A number

of firearms were located in the search, including an AK-47 assault rifle and two AK-47 loaded

magazine clips, a .30-06 Remington rifle, a 9 nun Ruger semi-automatic handgun, and a BB gun.

All of the firearms were located in the northwest bedroom of the Seymour residence.

30. In a fenced area outside of the Seymour residence, officers located 63 growing

marijuana plants. The blue GMC Sierra pickup truck described in paragraph 15 above was located

at the Seymour residence. The bed of the truck was covered with marijuana.

31. A sample of the marijuana located within the Seymour residence was field tested.

It tested positive for the presence of marijuana.

32. I conducted a registration check on the blue GMC pickup truck and learned that it is

9

registered to The Nunez Group, Inc., at 969 Howard Street, Green Bay, Wisconsin. A record check

with the Wisconsin Department ofFinancial Institutions (DFI) indicate that the registered agent for

The Nunez Group, Inc. is listed as Bernabe Nunez at W1684 State Highway 54, Seymour,

Wisconsin. DFI records indicate that the Nunez Group was incorporated/qualified/registered on June

29,2007 and was deemed delinquent on April 1,2009.

33. In conducting a records check on Bernabe 1. Nunez, law enforcement learned that

Wisconsin Department ofTransportation records list a Bernabe J. Nunez-Guzman as residing at 969

Howard Street, Green Bay, Wisconsin. They also obtained the driver's licence photograph of

Bernabe Nunez-Guzman. A check of Wisconsin DOT records list Maria Nunez as also residing at

that same address. They also conducted a Wisconsin Circuit Court Access Program (CCAP) check

on Bernabe Nunez-Guzman, which show that Bernabe Nunez was listed as a party to an

Unemployment compensation action that was filed in 2009 wherein Bernabe Nunez's current address

is listed as 969 Howard Street, Green Bay.

34. On August 4, 2010, Lake Winnebago Area Meg Drug Unit (LWAM) Investigator

Scott Krause conducted surveillance at the Seymour residence. He observed a white Chevrolet

pickup truck, registered to The Nunez Group and the displaying the words "Nunez Group" in letters

on the vehicle, leave the Seymour residence and travel directly to Mi Casa Restaurant, located at

1007 West Mason Street, Green Bay, Wisconsin. LWAM Investigator Wissink observed the sole

occupant and driver ofthe vehicle go to the back ofthe truck and remove approximately four boxes,

which were then carried into the restaurant. The driver of the vehicle then returned to the vehicle.

After traveling to another destination, the vehicle traveled to the residence located at 969 Howard

Street in Green Bay.

10

35. On August 6, 2010, LWAM Investigator Scott Krause observed a white Chevrolet

pickup truck, bearing Wisconsin license plate number HA 4976, with a wooden box in the bed of

the vehicle, pull into the driveway ofthe Seymour residence. Shortly thereafter, a white 2002 Toyota

Camry, bearing Wisconsin license plate number 168 RYZ, which is registered to Bernabe J.

Nunez-Guzman and Maria L. Nunez, pulled into the driveway ofthe Seymour residence. The driver

of the pickup truck got into the Toyota Camry and was transported directly to the residence located

at 969 Howard Street, following a brief stop at McDonald's restaurant.

36. I am further aware that law enforcement spoke with two confidential infonnants

(hereinafter CI#1 and CI#2), both of whom were interviewed separately and provided infonnation

as to the individual I believe to be Bernabe J. Nunez-Guzman aka "Green Bay." The statements of

both CI#1 and CI#2 are believed to be truthful and reliable because both CI#1 and CI#2 provided

statement's against their own penal interest. Further, they provided infonnation that has been

corroborated in part by law enforcement, and corroborated in part by the consistency of infonnation

supplied independently by CI#1 and CI#2.

37. I am aware that CI#1 was arrested at a residence in Seymour and interviewed by law

enforcement on August 11,2010. CI#1 admitted that several months ago he was in San Jose, CA

and was approached by a third person and asked if he wanted to work at a ranch. CI#1 stated that

this third person, in conjunction with others, arranged for his travel from California to Green Bay,

Wisconsin. CI#1 arrived at the airport in Green Bay, Wisconsin several months ago and was met

by an individual CI#1 identified as Bernabe Nunez-Guzman. CI#1 made this identification through

the known Wisconsin DOT photograph of Nunez-Guzman. CI#1 stated that Nunez-Guzman was

known as "Green Bay." CI# 1 indicated that Nunez-Guzman then took him to a residence in Seymour

11

where CI#l and others assisted in the manufacture and cultivation ofmarijuana. CI#l indicated that

he was familiar with marijuana and knew that he was preparing marijuana for later sale. In

particular, CI#1 said that he assisted with the drying of marijuana at the residence and that others

came to pick up the dried marijuana. CI#l stated that Nunez-Guzman was the "boss" and facilitator

of this marijuana grow operation. Nunez-Guzman would make arrangements for the drop off and

pick up of vehicles and workers cultivating and drying the marijuana. CI#l stated that "Raul,"

another individual who worked at and was arrested at the Seymour residence, told him that

Nunez-Gomez was the boss and that he arranged for workers to come into the area.

38. I am also aware that CI#2 was arrested and interviewed by law enforcement on

August 10,2010. CI#2 admitted that he was arrested in the Seymour residence where he had been

drying marijuana with others. CI#2 said that he had been at the Seymour residence since May 2010,

assisting others with the cultivation of marijuana. CI#2 indicated that an individual known by him

and referred to by others in the Seymour residence as "Green Bay" (whom I believe to be Bernabe

Nunez-Guzman) came to the Seymour residence approximately every fifteen days to check on the

status of the marijuana grow operation. "Green Bay" would also send a "runner" approximately

every three days to ensure the safety and production ofthe marijuana grow operation. CI#2 indicated

that "Green Bay" \vas in regular telephonic contact with "Raul" who stayed at the Seymour residence

and was in charge ofthe operation on a day to day basis. CI#2 said that "Green Bay" drove different

vehicles including a blue Chevy truck and a white truck. "Green Bay" also recently transported

fireanns that were initially kept in the marijuana fields to the Seymour residence. "Green Bay" said

that the fireanns would be better served protecting the Seymour residence now that marijuana was

being dried at that location. "Green Bay" also told CI#2 and other workers that ifthe marijuana field

12

or Seymour residence got raided, that they should run and immediately contact "Green Bay." "Green

Bay" said that if they got arrested that they should not speak with the police. CI#2 also stated that

"Green Bay" outfitted the workers with cellular telephones so that "Green Bay" could be in close

contact with the workers. CI#2 was not sho\NTI a photograph of "Green Bay" because a photograph

was not available at the time.

VI. CONCLUSION


Bernabe J. Nunez-Guzman has been engaged in conspiracy to manufacture and distribute marijuana,

a Schedule I controlled substance, in violation ofTitle 21, United States Code, §§ 841 (a)( 1) and 846.

Dated this \ d- day of August. 2010.

13

criminal complaints in marijuana bust

Documents

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