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UNITED STATESDISTRICT COURT
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SOUTHERN DISTR!CT OF CALIFORNIA
Mag. Case No.
UNITED STATES OF AMERICA
Plaintiff,
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I
1
COMPLAINT'"'FOR VIOLATION OF
Title 21, U.S.C. Section 841(a)(l) and
846 - Conspiracy to Distribute and
Possess with Intent to Distribute
a Controlled Substance
(Marijuana)
PAUL LOAIZA,
ZACARIAS FELIX-CUTINO,
EDON MOYAL,
LUIS CARLOS MONTIEL,
DANNY ELlA SAEED DALY,
ANTHONY SIERRA,
BRIAN SANFORD HAMPTON,
Defendants.
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The undersigned complainant being duly swoh states:
. !'.
Beginning at a date unknown and continuing up to and including March 19,
2009, within the Southern District of California, and elsewhere, defendants PAUL
LOAIZA, ZACARIAS FELIX-CUTINO, EDON MOYAL, LUIS CARLOS MONTIEL,
DANNY ELlA SAEED DALY, ANTHONY SIERRA, and BRIAN SANFORD HAMPTON,
other"
did knowingly and intentionally conspire together and with each other and
, . with
.
persons known and unknown to possess with intent to distribute and distribute 1,000
!,
kilograms and more of marijuana, a Schedule I Controlled Substance, in violation of
Title 21, united States Code, Sections 841(a)(l) and 846.
And the complainant states that this complaint is based on the attached
statement of facts, which is incorporated herein by reference.
m~)?@bV
HOGAN
I
SPECIAL AGENT
U.S. DRUG ENFORCEMENT ADMINISTRATION
STATEMENT OF FACTS
I, Andrew Hogan, being duly sworn, declare and state:
1.
I am a Special Agent with the United States Drug Enforcement
Administration (DEA) and have been employed as such since 2006. 1 am assigned to
the DEA San Diego Office.
2.
1 make this affidavit in support of an application for a criminal complaint
charging PAUL LOAIZA, ZACARIAS FELIX-CUTINO, EDON MOYAL, LUIS CARLOS
MONTIEL, DANNY ELlA SAEED DALY, ANTHONY SIERRA, BRIAN SANFORD
HAMPTON , ERNEST0 PRADO-BUZO, and JONATHAN JESUS-MILLAN with
conspiracy to distribute a controlled substance (marijuana), in violation of Title 21,
United States Code, Sections 841(a)(l) and 846.
3.
The information contained in this affidavit is based on my own
investigation, oral and written reports by other law enforcement officers, and interviews
with sources of information.
DECEMBER 11.2008: SEIZURE OF $32.000
4.
On December 1I , 2008, National City Police performed a traffic stop on
DANNY ELlA SAEED DALY who was driving a Toyota Tundra (hereafter "Tundra) in
San Diego, California.
Officer Mark Segal noticed a strong odor of marijuana coming
from the vehicle.
A search of the vehicle revealed a shoe-box containing
approximately $32,000 in United States currency.
DALY said all of the money was
from his liquor store business. The officer seized the currency at that time and DALY
was issued a traffic citation.
FEBRUARY 21,2009: 292 POUNDS OF MARIJUANA SEIZED IN ARIZONA
5.
On February 21, 2009, at approximately 10:25 a.m., SDPD Detective
Rob Newquist identified a male, subsequently identified as MONTIEL in the area of a
residence located on lndia Street in San Diego. Investigation has revealed that
LOAIZA has utilized the lndia Street residence for the packaging, storage, and
distribution of large quantities of marijuana.
6.
On February 21, 2009, at approximately 11:30 a.m., San Diego Police
Department ("SDPD") Detective Javier Nunez was conducting surveillance at Paul
LOAIZA's residence in San Diego, California. At that time, Nunez observed Paul
LOAIZA and Luis Carlos MONTIEL transferring several items from the garage to a
Mercedes GL-550 SUV (hereafter "Mercedes"), which was also parked in the driveway.
7.
At approximately Ij :58 a.m., Detective Nunez observed LOAIZA,
MONTIEL, and the male depart the residence in the Mercedes.
8.
At approximately 12:17 p.m., San Diego Police Officer and DEA Task
Force Officer (hereafter "TFO") Mike Aiken saw the Mercedes pull into a gas station
located in El Cajon, CA. LOAIZA shook hands with Anthony SIERRA, who walked
from the area where a Toyota Tundra (hereafter "Tundra") belonging to Danny Elia
Saeed DALY was parked.
9.
At approximately 12:32 p.m., I saw the Tundra leave the
gas station driven by DALY with SIERRA as his passenger. The Mercedes, driven by
MONTIEL with LOAIZA and the male as passengers, followed the Tundra.
Agents
followed both vehicles as the traveled east on Interstate 8 into Arizona.
10.
On February 22, 2009, at approximately 11:18 a.m., TFO Aiken observed
a Chrysler parked at an office supply store in Phoenix, occupied only by LOAIZA.
Approximately 10 minutes later, I observed the male exit the store carrying an unknown
item. The male handed the item to LOAIZA through the driver's side window, walked
around the front of the vehicle and entered the front passenger seat. I observed the
Chrysler depart the area and drive into the complex. At approximately 11:30 a.m., TFO
Aiken spoke with the office supply manager who said that he sold a Pelouze Model
4010, digital shipping scale, capable of weighing up to 150 Ibs for approximately $149
dollars cash to the person matching the description of the male.
11.
At approximately 1: I 0 p.m., I observed the Tundra appear and begin
following the Mercedes in Glendale, Arizona. I observed the Tundra occupied by who
were later confirmed to be DALY, SIERRA, and MONTIEL. I observed both vehicles
conduct what in my experience was counter surveillance as they drove into and around
a residential neighborhood for approximately five minutes.
12.
At approximately 1:18 p.m., I observed the Mercedes park across the
street from residence located in Peoria, Arizona (hereafter "Peoria residence").
I saw
the Tundra park on the same side of the street. TFO Aiken observed LOAIZA walk in
the front door of the Peoria residence and I saw DALY, MONTIEL, and SIERRA exit
the Tundra and walk toward the residence.
I saw a Chevrolet Avalanche (hereafter
"Avalanche") parked on the street in front of the Mercedes.
13.
At approximately 4 5 7 p.m., TFO Aiken sees the Avalanche back in to the
garage of the Peoria residence.
14.'
At approximately 5:07'p.m., TFO Aiken observed DALY exit the Peoria
residence, enter the Tundra and depart the area. At the same time, TFO Aiken
observed the garage door open and the Avalanche pull out of the garage driven by a
Hispanic male, believed to be MONTIEL. ~ o t the
h Avalanche and Tundra departed the
area in tandem with the Tundra being the follow vehicle.
15.
At approximately 5 3 8 p.m., TFO Aiken observed numerous people exit
the Peoria residence in a quick manner. TFO Aiken observed LOAIZA exit the
residence carrying a medium sized cardboard box with an open top and depart the
area.
16.
At approximately 8:00 p.m., while standing outside the Peoria residence, I
could smell a strong odor of fresh marijuana emitting from the house around the front
window. As agents were standing near the front'of the house, a female opened the
front of the house and I could immediately smell an overwhelming odor of fresh
marijuana coming from inside the house. Agents identified themselves and the female,
who said she rented the house along with two roommates, gave consent to search the
house.
Agents found large amounts of wrapping materials which was consistent with
common packaging material used to conceal drugs and marijuana remnants throughout
the kitchen area of the residence.
17.
At approximately 9:38 p.m., DEA Special Agent Mike Williams observed
the Mercedes, Tundra; and Avalanche in the parking lot of Glendale, Arizona hotel.
I1
18.
At approximately 9:42 p.m., DEA Special Agent Sean Fitzpatrick observed
MONTIEL reaching into the side storage panels along the bed of the Avalanche. Agent
Fitzpatrick observed MONTIEL take off the rear California license plate of the
Avalanche and replace it with a Chevrolet dealership type paper license plate.
.
MONTIEL entered the driver's door of the Avalanche and departed the area followed by
the Tundra driven by DALY and occupied by at least one other male believed to be
SIERRA.
19.
TFO Mike Huggins coordinated a traffic stop of the Avalanche with State
of Arizona Department of Public Safety Officer E. Larson. Officer Larson stopped the
Avalanche southbound on State ~ o u t ' e101 just north of Bethany Home Rd. for no rear
license plate. Officer Larson could smell a strong odor of marijuana emitting from the
rear of the Avalanche. MONTIEL, the driver, presented a California license in the
assumed identity of Abraham GONZALES.
20.
Officer Larson located approximately 292 pounds of marijuana in the bed
of the Avalanche and placed MONTIEL under arrest. TFO Aiken also observed a
Pelouze digital scale in the back seat of the Avalanche, which was the same make and
model of the digital scale purchased by the male at the office supply store earlier that
day.
MONTIEL was not charged at that time in connection with the marijuana seizure
but was taken into custody on an outstanding California warrant. MONTIEL was
.extradited to California but was released on bail on March 13, 2009 in connection with
the state case.
21.
On March 19, 2009, MONTIEL was arrested by DEA in San Diego in
connection with the 292 pounds of marijuana. I advised MONTlEL of his Miranda
rights. MONTIEL waived those rights and agreed to make a statement.
Among other
things, MONTIEL said LOAIZA paid him $4,000 per month. MONTIEL said he had
been working for LOAIZA for less than a year. When an agent referred to the seizure
of marijuana from MONTIEL in Arizona, MONTIEL said, "I wasn't the right hand man, I
was just the driver."
When the agents told MONTIEL about their knowledge of his
activities and those of LOAIZA and others, MONTIEL said, "You guys crippled San
Diego". MONTIEL told the agents, "You guys are lucky you got me" and when asked
why, MONTIEL said, "I was going to go to Mexico."
MARCH 6,2009: NEGOTIATIONS TO PURCHASE TON QUANTITIES
OF MARIJUANA
22.
On March 3, 2009, a confidential source ("CS") met with FELIX-CUTINO
and LOAIZA in Chula Vista, California. During the meeting, which was surveilled by
law enforcement agents and consensually recorded, FELIX-CUTINO asked the CS
"What show?"
The CS said "This friend has a lot, whatever you want."
The CS said
his source had good quality and commercial grade marijuana. FELIX-CUTINO
requested that CS's source of supply show FELIX-CUTINO and L0AIZA.a sample.
LOAIZA said "Iam here to tell him whatever he has, I can get it out."
LOAIZA told the
CS to tell the CS's source of supply, "That here, he. has good customers." LOAIZA
said that if it was "today, tomorrow, in 10 days, or one month, whatever he has from 500
and up."
LOAIZA said, "I like to do it like that, 500 and 500". LOAIZA said he
purchased marijuana 500 pounds at a time. FELIX-CUTINO told the CS to give them a
"good price" and "we won't go with anyone else."
LOAIZA asked if he had "seen it".
CS said "yes." LOAlZA said 'Because they ask me for tonta and right now, three, five
are coming in and I can't complete."
The word "tonta" is Spanish meaning ton. I
believe LOAIZA's reference to "three, five are coming in" referred to three to five
hundred pounds of marijuana that he would have available but that he needed a ton of
marijuana for his customer or customers.
LOAIZA showed the CS a small sample of
marijuana and said that it was the "lowest quality" that he had.
The CS told LOAIZA
that if he ordered a thousand pounds of marijuana or more that he would get a better
price. LOAIZA said if the marijuana was good quality he would get "all of them."
LOAlZA told the CS to "tell the guy" (referring to the CS's boss) that he would not need
another customer other than LOAIZA. LOAlZA said "dos tontas, tres tontas", meaning
two tons and three tons, in Spanish.
LOAIZA said "Now, I am not going to do it at
once. Like I said, 500, 600, because a thousand is another problem. If they get you
with 1,000, it's another problem, even driving, so like 500 and 500 and 500."
LOAIZA
said, "If anything happens, they stop somebody, or something, you don't lose that
much."
LOAIZA reiterated that the CS would not need another customer, saying, "I
have all the contacts in San Diego. They are all mine." LOAIZA said he would rather
get all of his marijuana supply from one person adding he wanted "una tonta o dos al
mes, sin, which means in Spanish, "one or two tons per month, yes."
The CS told
LOAIZA that the price would be $500 per pound of marijuana for purchases of 500
pounds and up. LOAIZA said "We will work at five, so you can make some money and
he can make some money."
we can start adjusting."
LOAIZA said "And after we start getting 'machin' then
The word "machin" is a Spanish word and in the context of
the conversation means "working heavy" .
23.
LOAIZA said, "I'm here to make money."
On March 6, 2009, an undercover DEA Special Agent and two confidential
sources met with LOAIZA and FELIX-CUTINO in San Diego, California. During this
meeting, which was video-recorded, LOAIZA and FELIX-CUTINO were shown
approximately 900 pounds of marijuana by the undercover agent. During the meeting
LOAIZA said "I do have the money but I have several bu'sinesses." LOAIZA said, "A
tonta or two a month I can get out."
LOAIZA said "I have been doing this here in
San Diego for about 10 years." LOAIZA said that he distributed marijuana to "many
cities" including, "Chicago", "Miami", and "Charlotte".
packing" was done locally.
LOAIZA said "only the
LOAIZA offered to purchase 250 pounds of high-grade
marijuana, which he was shown during the meeting, from the undercover agent and
said he was willing to pay more than $500 per pound for it. The undercover agent
advised LOAIZA that the marijuana had already been promised to another customer but
the agent agreed to have a future meeting with LOAIZA during which they could
complete the transaction
.
MARCH 9,2009: SHIPMENT OF MARIJUANA TO MARYLAND
24.
On March 9, 2009, at approximately 1:05 p.m., San Diego Police
Detective ("SDPD") Mendez established surveillance on the Nissan Armada (hereafter
"Armada") in the parking lot of the UPS Store, 5173 Warning Rd. San Diego, CA. Det.
Mendez observed SIERRA exit the UPS store carrying several large flattened brown
cardboard boxes, which SIERRA placed in the Armada and departed the area.
25.
At approximately 1:35 p.m., surveillance showed the Armada parked in
front of the U-Haul store located at 1805 Massachusetts Ave. Lemon Grove, CA.
26.
At approximately 1:43 p.m., Special Agent Hogan observed SIERRA as
the sole occupant of the Armada traveling west on SR-94.
27.
At approximately 1 5 5 p.m., SDPD Det. Rubio observed the Armada
arrive at an address at India Street in San Diego and back the Armada toward the
garage of the residence.
28.
At approximately 1:56 p.m., Det. Rubio observed the garage of the
residence open and saw SIERRA carry several large flattened brown cardboard boxes
from the Armada into lndia Street residence.
29.
At approximately 2:01 p.m., TFO Aiken observed FELIX-CUTINO and
SIERRA walking together and enter the door of the lndia Street residence.
30.
At approximately 2:08 p.m., I observed a white Mercedes parked directly.
behind FELIX-CUTINO's Toyota 4Runner (hereafter "Toyota") just east on lndia
Street. I observed MOYAL exit the driver's seat of the Mercedes.
31.
At approximately 3:46 p.m., Det. 'Rubio observed a black Ford full size
Super Duty truck (hereafter "Ford") driven by who was later identified as Brian Stanford
HAMPTON, arrive at the lndia Street residence and park in front of the garage. Det.
Rubio observed MOYAL exit the residence and enter the passenger side of the Ford
truck.
32.
At approximately 3:51 p.m., Det. Rubio observed HAMPTON exit the
driver's door and open the bed cover of the Ford. Det. Rubio observed MOYAL exit the
passenger side of the Ford and both of them enter the front door of the lndia Street
residence.
33.
At approximately 3:53 p.m., Det. Rubio observed the garage door open of
the lndia Street residence and saw two or three brown cardboard boxes inside the
garage. TFO Aiken observed MOYAL pick up one of the boxes and place it into the
bed of the Ford truck. Det. Rubio observed HAMPTON take another box from the
garage and place it into the bed of the Ford and close the covered bed and tailgate.
Det. Rubio observed HAMPTON enter the Ford and depart the area as the sole
occupant.
34.
At approximately 4:02 p.m., I saw the Ford park near the Postal Annex at
Midway Towne Center, 3960 W. Point Lorna Blvd. #HI San Diego CA 921 10.
35.
At approximately 4:05 p.m., I observed HAMPTON exit the Ford, open the
bed cover and rear tailgate, and retrieve'one large brown cardboard box. The box
appeared to be heavy as HAMPTON carried it into the Postal Annex.
36.
At approximately 4:08 p.m., I saw HAMPTON exit the Postal Annex
carrying a white piece of paper. HAMPTON opened the driver's door, then the driver's
side passenger door and appeared to be doing something on the passenger seat.
Special Agent Hogan observed HAMPTON close the passenger door, enter the driver's
door with the white piece of paper still in his hand, and depart the area.
37.
At approximately 4:12 p.m., I entered the Postal Annex at 3960 W. Point
Loma Blvd. #HI San Diego, CA 921 10. 1 observed a large brown cardboard box lying
on the floor behind the service counter, matching the description of the box HAMPTON
had carried into the store several minutes later. I noted that there were no other large
boxes of that size behind the service counter. Moments later, I identified myself as a
DEA agent to a store employee.
The employee told me that an individual matching
the description of HAMPTON brought the box that I had observed into the store and
that the person paid cash to ship the box FedEx priority overnight. The employee gave
me a copy of the shipping receipt which was addressed to an individual in Salisbury,
Maryland. The listed weight of the package was 33.38 pounds and the shipping
charges were $300. &.
38.
At approximately 4:18 p.m., surveillance followed the Ford to a Postal
Annex located at 7710 Hazard Center Dr. Ste. E, San Diego, CA. TFO Aiken observed
the Ford parked near the Postal Annex and saw HAMPTON exit the truck. SDPD Sgt.
Stachnik observed HAMPTON retrieve a large brown cardboard box from the bed of the
Ford and carry it into the Postal Annex. TFO Griffin followed HAMPTON into the
business.
I received a copy of the shipping label, which was completed by a store
employee, which was addressed to a different individual in Salisbury, Maryland located
a block away from the other Salisbury address. The listed weight of the package was
33.6 pounds and the shipping charges were $277.49.
TFO Sean Griffin observed
HAMPTON speak with the employee and overheard HAMPTON say that he did not
want to fill out the shipping label because he had bad handwriting.
39.
On March 10, 2009, Wicomico County, Maryland Narcotics Task Force
(hereafter "WCNTF") officers conducted a narcotics canine sniff of the boxes, that
HAMPTON had mailed, at'the FedEx facility located in Salisbury, Maryland. The
canine alerted to both boxes. WCNTF officers obtained a state search warrant for both
boxes. The subsequent search of the boxes revealed approximately 23 pounds of
marijuana in each box.
40.
After HAMPTON1sarrest on March 19,2009, Terry LaCoursiere advised
HAMPTON of his Miranda rights. HAMPTON waived his rights and agreed to make a
statement.
Among other things, HAMPTON said that approximately two and half
weeks before, MOYAL asked HAMPTON if he would be interested in shipping out some
boxes for a friend.
"risky".
MOYAL told HAMPTON that what was being shipped would be
HAMPTON said he, HAMPTON did not know what was in the boxes and that
he did not want to know. When agent LaCoursiere asked HAMPTON if he had
shipped marijuana to other states, HAMPTON said, "No, if that's all it is I feel better
because I thought it could have been heroin because of the secrecy."
MOYAL said he
did not know or care what was in the packages. HAMPTON admitted shipping two
boxes on March 19,2009 to Maryland for MOYAL. HAMPTON also admitted shipping
two boxes to Maryland for MOYAL approximately a week earlier on a Monday.
With
regard to the shipment a week earlier, HAMPTON said MOYAL told him to go to the
lndia Street residence where MOYAL and HAMPTON together loaded boxes into
HAMPTON's truck. At that time, MOYAL went into the lndia Street residence and
came out with $800 and a paper with the shipping information in Maryland.
MOYAL
told HAMPTON not to mail the boxes from the same place but to go to different places.
On March 19, 2009, HAMPTON said that he met MOYAL, at his request,
and unidentified male at the lndia Street residence. At that time, the unidentified male
gave HAMPTON $800 to mail the two boxes.
MARCH 19,2009: SEIZURE OF MARIJUANA AT INDIA STREET
41.
residence.
On March 19,2009 a consent search was conducted at the lndia Street
Among other things, agents found documents and other items in the
names of LOAIZA and MONTIEL, a photograph of LOAIZA, nine packages of
marijuana in a bathroom, and a Pelouze digital scale. Agents estimate that at least 80
pounds of marijuana (yet to be weighed) were in the lndia Street residence.
'I
NEGOTIATIONS TO PURCHASE 500 POUNDS OF MARIJUANA1
FLIGHT FROM LAW ENFORCEMENT
42.
sources.
On March 18,2009, LOAIZA and FELIX-CUTINO met with two confidential
During the meeting, which was surveilled by law enforcement agents and
consensually recorded, LOAIZA agreed to purchase 500 pounds of marijuana at $450.00
per pound (i.e., for a total purchase price of $225,000).
.
43.
On March 19,2009, agents surveilled LOAIZA, FELIX-CUTINO, DALY, and
SIERRA leave LOAIZA's San Diego residence and travel in two vehicles to a shopping
center parking lot in San Diego.
LOAIZA and FELIX-CUTINO arrived in a Ford F-150
pickup truck while DALY and SIERRA arrived in a Toyota Sequoia.
Minutes later, the
undercover agent and one confidential source arrived at the parking lot in one vehicle.
The undercover agent walked over to LOAIZA who was outside of his F-150. Agents
observed FELIX-CUTINO in the parking lot nearby. DALY and SIERRA remained in the
Sequoia conducting what I believe to be counter-surveillance. After exchanging greetings,
LOAIZA said he was ready to conduct the transaction. LOAIZA grabbed a bag of money
from the back seat area and opened it up. At that time, the undercover agent saw bundles
of money stacked neatly in the bag with some lose bills.
The undercover agent has
advised me that in his opinion the $225,000 that was to be given to the agent by LOAIZA
that day in exchange for 500 of pounds of marijuana "appeared to be all there."
44.
The undercover agent and LOAIZA agreed to meet at another location
nearby shortly thereafter to conduct the transaction. Thereafter, FELIX-CUTINO reentered
I Z A out of the parking lot followed by DALY who was driving
the Ford F-150 ~ ~ ~ - L O Adrove
the Sequoia with SIERRA as his passenger.
Shortly thereafter, a marked San Diego
police unit activated emergency lights and siren and attempted to pull over the F-150. At
that time, LOAlZA sped away leading officers on a high speed pursuit for several miles at
speeds reaching up to approximately 95 miles per hour on several area freeways. During
the pursuit, FELIX-CUTINO was observed throwing handfuls of money out of the
passenger window onto area freeways on approximately twenty separate occasions.
Officers have thus far recovered approximately $40,000 in U.S. currency that was thrown
from the F-I 50. Officers observed an undetermined amount of currency being taken from
area freeways b y passing motorists. LOAIZA ultimately stopped the F-I 50 in the middle
of Interstate 5 and both LOAIZA and FELIX-CUTINO were taken into custody without
further incident.
45.
No additional currency was found in the vehicle.
Based on the forgoing, I believe that there is probable cause to believe that
PAUL LOAIZA, ZACARIAS FELIX-CUTINO, EDON MOYAL, LUIS CARLOS MONTIEL,
DANNY ELlA SAEED DALY, ANTHONY SIERRA, and BRIAN SANFORD HAMPTON,
have committed a violation of Title 21, United States Code, Section 841(a)(1) and 846,
namely, conspiracy to distribute and possess with intent to distribute a controlled
substance, namely, marijuana.
area freeways b y passing motorists. LOAIZA ultimately stopped the F-150 in the middle
of Interstate 5 and both LOAIZA and FELIX-CUTINO were.taken into cuaody without
further incident. No additional currency was found in the vehicle.
45.
Based on the forgoing, I belleve that there is probable cause to believe that
PAUL LOAIZA, ZACARIAS FELIX-CUTINO, EDON MOYAL, LUIS CARLOS MONTIEL,
DANNY ELlA SAEED DALY, ANTHONY SIERRA, and BRIAN SANFORD HAMPTON,
have committed a violation of Title 21, United States Code, Section 841(a)(l) and 846,
namely, conspiracy to distribute and possess with intent to distribute a controlled
substance, namely, rnarljuana.
46.
1 declare under penalty of perjury that the foregoing 1s true and correct.
DATE: 3/3,/07
ANDREW HOGAN
*
Special Agent
.
.
U.S. Drug EnforcementAdminlstraUon
SWORN AND SUBSCRIBED BEFORE ME
bi
UNITED STATES
GISTRATE JUDGE