1 ALICIA A.G. LIMTIACOIfnited Slates Attorney ff— B B •=•• S^V

2 KARON V. JOHNSON ' i ' , i J__ •' „ i_ •)

3 So,U4£ffi "SWKffflW,rW«IAM108 Hernan Cortez Avenue ,

4 Haeatna. Guam 96910 MAY ~9 2012 |U*^Telephone: (671)472-7332

5 Facsimile: (671) 472-7334 JEANNE G.CHJIfcATA6 Attorneys for the United Stales of America CLERK OFCOURT

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IN THE UNITED STATES DISTRICT COURT

FOR THE TERRITORY OF GUAM

10 IN THE MATTER OF THE APPLICATION) MAGISTRATE CASE NO. '1OF THE UNITED STATES OF AMERICA )

11 FOR AUTHORIZATION TO OBTAIN ) APPLICATION OF THE UNITED STATESLOCATION DATA CONCERNING ) FOR AN ORDER FOR AUTHORIZATION

12 CELLULAR TELEPHONE ASSIGNED ) TO OBTAIN LOCATION DATAMOBILE DIRECTORY NUMBER (MDN) )

13 (916)468-9829 ) [FILED UNDER SEAL]_)

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15 I, Kirk Williamson, a Special Agent with the Drug Enforcement Administration, being duly

16 sworn, deposes and states:

17 1. I am a "federal law enforcement officer" within the meaning of Federal Rule of Criminal

18 Procedure 41(a)(2)(C), that is, a government agent engaged in enforcing the criminal laws and duly

19 authorized by the Attorney General to request a searchwarrant. I have been a Special Agent since July

20 2009. Prior to becoming a Special Agent, I completed a nineteen (19) week DEA Basic Agent Training

21 Academy at Quantico, Virginia. This training included instruction in the investigation of federal drug

22 violations, including, but not limited to, Title 21, Sections 841(a)(1) and 846. This training also included

23 instruction pertaining to the use, possession, packaging, manufacturing, sale, concealment, and

24 transportation of various controlled substances. I havealso completed training concerning the utilization.

25 preparation and executionof documentary/financial search and seizure warrants in drug related

26 investigations. I have participated in the execution of narcotics and documentary search warrants that

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ORIGINALCase 1:12-mj-00333 Document 1 Filed 05/09/12 Page 1 of 8

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resulted in the arrest of suspects and the seizure of narcotics and drug related records. I have discussed

with numerous law enforcement officers, defendants, and confidential informants the methods and

practices used by narcotics distributors.

2. I submit this affidavit in support of an application for an order pursuant to Federal Rule of

Criminal Procedure 41, directing Sprint to assist agents of the DEA by providing all information,

facilities and technical assistance needed to ascertain the physical location of the cellular telephone

assigned Mobile Directory Number (MDN) (916) 468-9829. It is believed Cellular Telephone (916) 468-

9829 is used by an individual known as Diana Martinez. The phone number (916) 468-9829 is an AT&T

Wireless cellular telephone. This cellular telephone is hereafter referred to as the TARGET

TELEPHONE. The information requested includes, but is not limited to, data indicating the specific

latitude and longitude of (or other precise location information concerning) the TARGET TELEPHONE

(the "Requested Information")', for a period of thirty (30) days.

3. I have personally participated in the investigation set forth below. I am familiar with the facts

and circumstances of the investigation through my personal participation; from discussions with other

agents of the DEA, and other law enforcement; and from my review of records and reports relating to the

investigation. Unless otherwise noted, wherever in this affidavit I assert that a statement was made, the

information was provided by another DEA agent, law enforcement officer or witness who may have had

either direct or hearsay knowledge of that statement and to whom I or others have spoken or whose

reports I have read and reviewed. Such statements arc among many statements made by others and arc

stated in substance and in part unless otherwise indicated. Since this affidavit is being submitted for the

limited purpose of securing an order authorizing the acquisition of the Requested Information, I have not

included details of every aspect of the investigation. Facts not set forth herein, are not being relied on in

Such information shall, where other information is unavailable, include records reflecting thetower and antenna face ("'cell site'") used by the Target Telephones at the start and end of any call.In requesting cell site information, the government does not concede that such cell site records -routinely retained by wireless carriers as business records - may only be obtained via a warrantissued on probable cause. See In re Application. 460 F. Supp. 2d 448 (S.D.N.Y.2006)(authorizing prospective acquisition of cell-site records under combined authority of 18U.S.C. §§ 2703(d) and 3121 etscg..).

Case 1:12-mj-00333 Document 1 Filed 05/09/12 Page 2 of 8

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reaching my conclusion that the requested order should be issued. Nor do I request that this Court rely on

any facts not set forth herein in reviewing this application.

4. Probable cause exists to believe that the Requested Information will lead to the location and

identification of the current user of the TARGET TELEPHONE.

5. This investigation is currently being coordinated by the DEA Guam Resident Office ("GRO").

In February 2012, an investigation intoJulian ROBLES was initiated by the DEA GRO based on

information that ROBLES was a large scaledistributer of methamphetamine.

6. Between February 17th, 2012, and April 4, 2012, US Postal Inspector Jedediah Hutchison

seized two hundred and thirty-four (234) USPS first class mail letters sent from the area of Sacramento,

CA, to the below ten PO Boxes/addresses in Guam:

* PO Box 4812, Hagatna. Guam: Postal Inspector Hutchison advised this PO Box is

associated with Teresita Quinata. Barbara Quinata. Georginia Taino (physical address 135

A Kalachucha Drive, Agat, Guam)

* PO Box 3024, Hagatna, Guam; Postal Inspector Hutchison advised this PO Box is

associated with Julian Robles, Mark B. Enriqucz, Vicente Robles, Anthony Duenas, and

Pamela Salas (physical address 111 Chalan Kindo St. Santa Rita, Guam)

* PO Box 218327. Barrigada, Guam; Postal Inspector Hutchison advised this PO Box is

associated with Christopher Waki (physical address 127 C Perez Heights, Talofofo, Guam)

* PO Box 217784, Barrigada, Guam; Postal Inspector Hutchison advised this PO Box is

associated with Jasmin K Santos (physical address #91 Mao Dr. Pagachao, Agat, Guam)

* PO Box 20478, Barrigada, Guam; Postal Inspector Hutchison advised this PO Box is

associated with Jose S Guerrero. Felicita C Guerrero, Timothy C Guerrero, and Joan

Guerrero (physical address 174 Dimas St, Mangilao, Guam)

PO Box 7613, Agat, Guam: Postal Inspector Hutchison advised this PO Box is associated

with Venus D Panes, Leo Panes, Leah Panes, and Venalynne Panes (340 San Vicente Ave,

Agat, Guam)

Case 1:12-mj-00333 Document 1 Filed 05/09/12 Page 3 of 8

1 141 Asconejo St, Barrigada. Guam; Postal Inspector Hutchison advised this PO Box is

2 associated with the Salas family and is a former address for Pam Salas

3 * 206 Ernest P Santos, Talofofo, Guam: Postal Inspector Hutchison advised this PO Box is

4 associated with Lolita Castro and family

5 * 146 Mansanita Ct, Sinajana, Guam; Postal Inspector Hutchison advised this PO Box is

6 associated with Vince Quitugua

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8 7. PI Hutchison obtained federal search warrants for all of the letters, each of which were found

9 to contain between 16 to 20 net grams of a crushed glass like material suspected to be methamphetamine.

10 The suspected methamphetamine was contained within vacuum-sealed plastic which was within folded

11 pieces of white Xerox paper. I conducted a presumptive field lest on the suspected methamphetamine, in

12 random letters, and noted it tested positive for the presence of methamphetamine. The total weight of the

13 methamphetamine found to date is approximately 12,548 gross grams of methamphetamine (including

14 packaging material), or 27.5 gross pounds. I know based on my training, experience, and conversations

15 with other law enforcement officer, that 12,548 gg of methamphetamine is not typically personal use

16 quantities, and is often the quantities seen for the purposes of distribution.

17 8. I noted nearly all of the letters had what appeared to be legitimate return addresses and/or logos

18 from businesses such as Wells Fargo, US Bank, Chase, "A Woman's Friend Pregnancy Resource Clinic".

19 Citrus Heights Vet Center, and Law Offices of David W. Holochuck which are originating in or near

20 Sacramento, CA.

21 | 9. On February 28lh, 2012. Julian Robles and Vince Quitugua departed Guam and flew to

22 Sacramento, California. Both Julian Robles and Vince Quitugua paid $3302.76 cash for each of their first

23 class, round trip tickets. On Sunday. March, 18lh, 2012. Julian ROBLES and Vince Quitugua returned to

24 Guam via United flight UA200. Upon return. Robles and Quitugua were placed in secondary inspection

25 by Guam Customs. During the inspection Guam Custom's Officers located three pieces of stationary

26 from "Homewood Suites by Hilton" with handwritten notes which were seized from Julian Robles' laptop

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bag. The first stationary read. "Box 217784 - 8 (Barrigada), Box 3024 - 14 (Agana). Box 218327 - 27

(Barrigada), 141 Asconejo St - 9 (Barrigada), total: 56". The second stationary read, "Cities, Lincoln-

7, Sacramento - 13, N. Highlands - 18. Roseville - 9, Citrus Heights - 9, 56 total". The third stationary

read, "Total count, Elks grove - 28, Margsville - 15, unwrapped - 18 (61), 50 & 50 - 32, 93 Bulk total".

Guam Customs Officers located a Guam identification card for Julian Gerald Borja Robles which

identified his PO Box as 3024, Hagatna, Guam. This card was issued on 10-26-2009. Guam Customs

Officers also located a "California Medical Cannabis ID Card" in the name of Julian Robles. The four

PO Boxes above arc four of the ten PO Boxes, mentioned in paragraph 6 above, that received a large

portion of two hundred and thirty-four (234) USPS first class mail letters sent from the area of

Sacramento. CA, which were found to contain between 16 and 20 net grams of methamphetamine in each

of the letters.

10. When Guam Customs Officers inspected Julian Robles" laptop computer. Officers noted

several templates on the laptop which contained a logo for Wells Fargo with a return address of "8870

Madison Ave, Fairbanks, CA 95628". a template that had the logo for "'Citrus Heights Vet Center" with a

return address of 5650 Sunrise Blvd, Suite 150, Citrus Heights, CA 95610. as well as several other

templates. I noted the Citrus Heights Vet Center template had a receiver address of Paul Enriquez PO

BOX 3024, Agana, GU 96932 which identically matches five letters that investigators seized containing

methamphetamine.

11. Between April 5th. 2012, and April 25lh, 2012, TFO Jimmy Manglona. USPIS TFO Jeff

Paiacios, and I spoke with a cooperating source of information ("SOI") who provided information on the

drug trafficking activities of Julian Robles. Christopher Waki and Jovin Santos. The SOI is a named

citizen whose identity has been confirmed by investigators. The SOI is a childhood friend and trusted

associate of Jovin Santos who has been to the residence of Jovin Santos in Baza Gardens and the

residence of Julian Robles on Chalan Kindo in Santa Rita on multiple occasions. The SOI stated he/she

knew of a large scale methamphetamine trafficker who resides at 111 Chalan Kindo Street, Santa Rita,

Guam and identified him as Julian Robles. The SOI provided that from Jovin Santos and other trusted

Case 1:12-mj-00333 Document 1 Filed 05/09/12 Page 5 of 8

associates he/she would be told or be shown how Jovin Santos and Julian Robles were trafficking their

narcotics and how and where the proceeds were being counted and stored.

12. The SOI informed investigators that Julian Robles and his criminal associate, identified as

4 Jovin Santos, would travel to California and purchase methamphetamine. While in California Julian

5 Robles would package the methamphetamine and mail it back to Guam to multiple addrcsses/PO Boxes

6 of associates. The SOI further stated Julian Robles would package the methamphetamine in vacuum-

7 scaled plastic and then place it inside folded pieces of paper and then inside a letter, which is consistent

with the letters seized by investigators as mentioned in paragraphs 6/7 above.

9 13. The SOI stated that once the methamphetamine arrives on Guam, it is taken to Julian Robles*

10 Residence at 111 Chalan Kindo Street, Santa Rita, Guam, where Julian Robles distributes it to his

associates who sell the methamphetamine for him. The SOI stated that Jovin Santos obtains distribution

12 quantities of methamphetamine once the shipment of methamphetamine is received by Julian Robles.

13 The SOI stated Jovin Santos has several unidentified individuals in Yona and Agat who distribute the

14 methamphetamine for him (Jovin Santos).

15 14. The SOI indicated that once the methamphetamine is sold, Jovin Santos has his girlfriend's

16 nephew, Christopher Waki. maintain large quantities of drug proceeds (US currency) at his (Christopher

17 Waki's) residence in case police raided Santos' residence. The SOI recalls seeing approximately

18 $300,000 to $500,000 in cash at Jovin Santos' residence at 29 Kristina Lane, Baza Gardens, Yona, Guam

19 96915 within the past four months, before Santos moved the drug proceeds to Christopher Waki's

20 residence at 127C Perez Heights. Ipan Talofofo, Guam 96915. The SOI believes that Jovin Santo may

21 have as much as SI,000.000.00 in drug proceeds at Christopher Waki's residence. Christopher Waki is

22 also the registered owner of PO Box 218327 Barrigada, Guam which was one of the addresses that the

23 methamphetamine was mailed to and seized by Investigators from February 17"', through April 4th, 2012.

24 The SOI also indicated that Jovin Santos owns between seven and ten rifles and semi-auto handguns

25 which are kept in a safe in Santo's residence. The SOI said that Jovin Santos normally keeps a concealed

26 handgun on his person at all times for protection.

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15. On Tuesday, 05-01-2012, a search warrant was executed at 111 Chalan Kindo Street, Santa

Rita, Guam 96915. Julian Robles was arrested and later interviewed by investigators. Julian Robles

identified one of his sources of supply ("SOS'") as "Diana Martinez", who resides near Sacramento.

California. Julian Robles estimated he had purchased 2 pounds of methamphetamine from Diana

Martinez in the past month which he (Julian Robles) later sent to Guam. Julian Robles identified Diana

Martinez's cellular telephone number as (916) 281-6110.

16. On Thursday. May 4th. 2012. SA Chad Plennes, acting in under cover capacity as Julian

Robles, placed a text message to (916) 281-6110 from Julian Robles' cellular telephone. SA Plennes

texted the possessor of cellular telephone (916) 281-6110, "Looking to come out there in the next two

weeks to do some more work. Looking to get four p [pounds of methamphetamine].'" SA Plennes

received a text message back from (916) 281-6110, which read, "Ok sounds good." SA Plennes then

asked if he/she would be able to get that amount of methamphetamine and received a text message back

from (916) 281-6110, which read, "Yes".

17. Wherefore, pursuant to Federal Rule of Criminal Procedure 41, it is requested that the Court

issue a warrant and Order authorizing the acquisition of the Requested Information and directing Sprint,

the service provider for the TARGET TELEPHONE, to initiate a signal to determine the location of the

TARGET TELEPHONE on the service provider's network or with such other reference points as may be

reasonably available and at such intervals and times as directed by the law enforcement agent serving the

proposed order, and to furnish the technical assistance necessary to accomplish the acquisition

unobtrusively and with a minimum of interference with such services as that provider accords the uscr(s)

of the TARGET TELEPHONE, for a period of thirty (30) days. Reasonable expenses incurred pursuant

to this activity will be processed for payment by the DEA. It is further requested that the Requested

Information be sent via e-mail to an e-mail account decided upon by SA Chad Plennes.

18. It is further requested that the Court authorize execution of the warrant at any time of day or

night, owing to the potential need to locate the TARGET TELEPHONE outside of daytime hours.

19. It is further requested that the warrant and this application and affidavit, as it reveals an

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ongoing investigation, be sealed until further order of the Court in order to avoid premature disclosure of

the investigation, guard against fugitives, and better ensure the safety of agents and others, except that

working copies should be made available to the United States Attorney's Office, the DEA, and any other

law enforcement agency designated by the United States Attorney's Office.

20. It is further requested, pursuant to 18 U.S.C. 3103a(b)and Federal Rule of Criminal Procedure

41(f)(3), the Court authorize notice to be delayed for a period of 30 days after the termination of the

monitoring period authorized by the warrant.

Kirk WilliamsonSpecial AgentDrug Enforcement Administration

SUBSCRIBED AND SWORN to before me this 9i£ day ofMay, 2012.

Approved as to form:

KAKON^V. JOHNSONAssistant U.S. Attorney

7?IN V.E. MANIBUAN

lagistrate JudgeDistrict Court of Guam

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