Free Complaint - District Court of California - California

.. ..... . .. ....... _
Document 1 Filed 06/13/2007 Page 1 of 3 _-
wmten étatiza %tatru;t Qlhuttt /1 e/
rj NORTHERN OISi`R%'lBOF CALIFORNIA ..
Jiiit I3 A il= lt? `_j.’
UNITED STATES OF AMERICA , Mx
?EiCi:—it\§§? §{,§§iEt€,Ettts ·‘
ii. can _, _
V. ¥f%i,*i»` §i?§¢RIl\/{INA}., COMPLAINT
ii}, ii I? .i T .;<*%~ ii ·,,
SERRATO-Espinoza, Jose Angel 5A
(Name and Address of i_)etbnd1ml) i
cass NUMBER: P `l‘‘
1, the undersigned comptainant being duly sworn state the following is true and correct to the best of niy
knowledge and belief. On a date unknown but no later than, May 2, 2007 , in Monterey County _ I-_
in th€ IQOITIICYH District of CH.IIfOYHIH. d€f€]’]dHHt(S} WHS,('l`rack Statutory Languageot`<"}E’ibiisc) an
Unlawfully re—entered and was found inthe United States after deportation, without the permission ` -
of the Attorney General
in violation of Title 8 United States Code, Section(s) i326 -;
l further state that I ain atn) Deportation Officer and that this complaint is based on the fotlowing -
Oliiiziai Tilie
facts:
SEE ATTACHED AFFIBAVIT
PENAi,TiES: $250,000.00 fine, twenty (20) years imprisonment, St00.00 special assessment fee, and
a Term of Supervised Release upto three years.
Requested bail: Issue no tnaii warrant. A
APPROVED AS TO FORM: ,s i Muff
ASS TANT NITED STATES AT `ITNEY
,,..,. : ..-»»·- »
I Continued on the attached sheet and made a part hereof: >< Yes Ei No “’ H »#’` ” X
Signature lainant
Sworn to before me and subscribed in my presence,
{ _i=: =,. Qi? at San J ose, California
l F Date City and State
Patricia V. Trumbull gf _, p K; {‘ § fi __
United States Magistrate Judge =‘"_ ,__;_____ at .,_, ° »:···
Nami: & Title ofjutiicial Officer Signature of Judicial Ofiicer `

.......... .. .. .
Case 5:07-mj-70339—I\/IRGD Document 1 Filed 06/13/2007 Page 2 of 3
RE: SER.RArfO~Espinoza, Jose Angel A7'3 8~’i9 006 i
I am a Deportatiort Officer ofthe United States Department of Homeland Security (DHS).
immigration and Customs Enforcement (lCE) and have been employed since July 7, 1997. 1 am
currently assigned to the Criminal Alien Prograrn (CAP) Unit of the San Jose Sub-Office. in .
such capacity, l have reviewed the official tile relating to the above named individual, which ,
attests to the following:
(1) Mr. SE`RRA'i`()-Espinoza is a ·¢l2—year~old male who has used six (6) aliases and one (1) _·
date ofbirth in the past. -
(2) Mr. SERRA"l`O—Espinoza has been assigned one (1) Alien Registration number of A73 ‘
849 006, FBI number of 749248PA5, California Criminal information index number of -
A07329969, and a California `Department of Corrections number F08t18. -
(3) Mr. SERRATO—Espinoza is a native of Mexico and a citizen of Mexico since birth. A
check through official records shows that he was arrested and deported on two (2)
occasions from the United States:
DATE PLACE OF `D`EP(}R"[`ATl()N l`
May 29, 2001 Calexico, CA ._
December 3, 200l Calexico, CA
(4) Mr. SERRA"1`O-Espinoza last entered the United States at or near San Ysidro, CA on or
after December 3, 2001, by crossing the international border without inspection .
subsequent to deportation. ` A
(5) Mr. SER.RAT()—Espinoaa on a date unknown, but no later than May 2, 2007, in Monterey .
County in the Northern District of California, was found to be unlawfully present in the
United States. after prior arrests and deportations, without the permission of the Attorney
General or the Secretary of Homeland Security, in violation of Title 8, United States
Code, Section 1326. 0n May 2, 2007, Mr. SERRATO·Espinoza was interviewed by
immigration Enforcement Agent (IEA) Alejandro Sierra at the CTF-Soledad State Prison,
Soledad, CA, and during that interview, Mr. SERRATO-Espinoza was advised of his
Miranda rights in Spanish. Mr. SERRATO—Espinoza waived his Miranda rights and
provided a written sworn statement attesting to his alienage, prior deportation, and failure
to obtain permission from the Attorney General or the Secretary of Homeland Security to
re-enter the United States.
1 (6) Mr. SERRATO·Es_pinoza was, on July t7, 1997, convicted in the Superior Court of
California, in and for the County of Riverside, for the offense of i’OSSESSlON OF
CONTROLLED SUBSTANCE (ease# P95F9250), a felony, in violation of Section
l13'/7(A) of the California Health and Safety Code, and was sentenced to one (1) year
and four (4) months in prison.

-. .......... ....
Case 5:07-mj-70339—l\/IRGD Document 1 Filed 06/13/2007 Page 3 of 3
RE: SERRA"l"()—lEspinoza, Jose Angel A73 849 006
(7) Mr. SEi'RRATO—Espino2a was. on July 17, 1997, convicted in the Superior Court of
California, in and for the County of Riverside, for the offense of POSSESSION FOR
SALE OF CONTROLLED SUBSTANCE (casett PEF04955), an aggravated felony. in
violation of Section t1378 of the California Health and Safety Code, and was sentenced [
to one (1) year and tour (4) months in prison. 2
(8) Mr. SERRATO·~Espinoza was, on July 17, 1997, convicted inthe Superior Court of _i_`
California, in and for the County of Riverside, for the offense of POSSESSION OF _
FIREARM BY A `FELON (case# PEF03640), an aggravated felony, in violation of _
Section 1202l(a)(i) ofthe California Penal Code, and was sentenced to one (1) year and ‘
four (4) months in prison. Q
(9) Mr. SERRATO—spinoza was. on October 28, 1999, convicted in the Superior Court of
California, in and for the County of Riverside (Perris case# PEF003400), for the offense
of IMPORT, SALE, AND GIVE AWAY A CONTROLLED SUBSTANCE, a felony, in
violation of Section ll379(a) ofthe California Health and Safety Code, and was
sentenced to two (2) years in prison.
(10) Mr. SERRATO—Espino2a was, on November 7, 2005, convicted in the Superior Court of
Californian. in and for the County of Riverside (Southwest casett `RIF126872), for the
offense of POSSESSION OF CONTROLLED SUBSTANCE, a felony, in violation of
Section l E377(a) of the California Health and Safety Code, and was sentenced to one (1)
year and four (4) months in prison.
(l 1) Mr. SERRATO-Espinoza was, on December 1, 2005, convicted in the Superior Court of
California, in and for the County of Riverside (Southwest case# SWF014377). for the
offense ol`POSSESS10l\i OF FIREARM BY A FELON`, an aggravated felony. in
violation of Section l202l(a)(1) ofthe California Penal Code, and was sentenced to three
(3) years in prison.
(12) On the basis ofthe above information, there is probable cause to believe that Mr.
SER.RATO·Espinoza illegally re—entered the United f%tes..i..n_§io1ation of Title 8, United
States Code, Section l326. - ·t‘‘ "'M ( , up
. __ _, ..
Trong Q. Nguye i.‘=_-‘-li ti
Deportation Of icer
Subscribed and sworn to before me this rl g day of ig ieoenftas , 2007
J
,_,,_. ygy
PATRICIA V. TRUMBULL
UNITED STATES MAGESTRATE J UDGE

Case 5:07-mj-70339-MRGD

Document 1

Filed 06/13/2007

Page 1 of 3

Case 5:07-mj-70339-MRGD

Document 1

Filed 06/13/2007

Page 2 of 3

Case 5:07-mj-70339-MRGD

Document 1

Filed 06/13/2007

Page 3 of 3