Free Complaint - District Court of California - California

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,Case5:07-cr-00341-JF Documenit,1 Filed 05/16/2007 Page 1 of 3
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NORTHERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA si£;.;;t;>,g,= si it-sit?
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V. tit - ti CRIMINAL COMPLAINT
Javier VADILLOPINEDA ‘
_,,_ NUMBE : ,
(Name and Address of Defendant)
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I, the undersigned complainant being duly sworn. state the foltowing is true and correct to the best of my
knowledge and belief. On a date unknown but no later than, February 9, 2007 , in Monterey County
in the Northern District of California defendant(s)
Unlawfnlly re—entered and was found inthe United States after deportation, without the permission
ofthe Attorney General
in violation of Title 8 United States Code, Section(s) 1326
I further state that I ain a(r1) Deportation Officer and that this complaint is based on the following
Oliiciut Tide
facts:
SEE ATTACHED AFFIDAVIT
PENALTIES; $250,000.00 tine, twenty years iinprisonrnent and $l 00.00 special assessment fee
and a Tenn of Supervised Release up to three years.
p Requested bail: Issue no bail warrant.
I APPROVED AS TO FORM: -- F {fda, - A;
ASSISTANT U wee STATES ATTORNEY rr
Continued on the attached sheet and made a part hereof: >< Yes EI No
V1 N lgllil LIFE ef COiHi1ii·1l1IHH[
Sworn to before me and bscribed in my presence,
5 L is at Sé Ji ose, California
4 Da i 5 Ciryamd State
Howard R. Lloyd m I ,,_ _ i__y i ____ y I __=_
UNITED STATES MAGISTKATE JUDGE. "
Name & Title of Judicial Officer Si;;n cfJudicialiOflicer

,Case 5:07-cr—00341-JF Document 1 Filed 05/16/2007 Page 2 of 3
RE: VADILLO—PlNEDA, Javier A 092 916 832
1, Darin L. Masterton, am a Deportation Officer of the United States Department of Homeland
Security, lminigration and Customs Enforcement (lCE). 1 have been entptoyed by this agency,
and the former lintnigration and Naturalization Service (IN S), since September 15, 1996. I ain
currently assigned to the Criininal Aiien Program (CAP) at the San Iose, California Sub—Of;tice.
in such capacity, I have reviewed the official iinrnigration "A—File” relating to the above named
defendant, which attests to the following:
(1) DEEENDANT: lavier VADILLO—PINEDA, is a 38—year—old male, citizen and native of .
Mexico, born on December 27, 1968, in Acapulco, Guerrero, Mexico, substantiated by -_
ofticial A—Fi1e records, and statements given by the DEFENDANT on February 9, 2007, Y
to ICE Immigration Enforcement Agent Alexander Felix;
(2) The DEPENDANT has been assigned Alien Registration number A092 916 832, and FBI I
number of 159750HA3; .
(3_) The DEFENDANT is also known by at least tive alias nanies as foilows: ‘
TIBURC10—·OCAMPO, Paleinon
GALINDO, Israel
SANTANA, Miguel Ange! ‘
ALBASUAREZ, Miguel Angel
IVIARIN, Romulo
(4) On February 25, 1988, tbe DEFENDANT was convicted in the United States District
Court, for the offense of AIDING, ABETTING and ASSISTING UNDOCUMENTED
I ALIENS IN ELUDING INSPECTION AND EXAMINATION, a misdemeanor, in
violation of Title 18, United States Code, Section 2, and Title 8, United States Code,
Section 1325, and was sentenced to forty—tive days in prison;
(5) On July 13, 1999, INS arrested and order the DEFENDANT to Volnntarily Depart the
United States;
(6) On March 6, 2002, 1NS arrested and deported the DEFENDANT from the United States
to Mexico;
(7) On March 17, 2003, the DEFENDANT was convicted in the Superior Court of
California, for the offense of SECOND DEGREE BURGLARY, a felony, in violation of
Caiifoinia Penal Code Section 459, and received a sentence of one year and four months.
This offense is defined as an aggravated feiony under Title 8, United States Code, Section
1101(a)(43)(G);

,Case 5:07-cr—00341-JF Document 1 Filed 05/16/2007 Page 3 of 3
RE: VADILLOPINEDA, Javier A 092 916 832
(8) On November 24, 2003, {CE arrested and deported the DEFENDANT from the United
States to Mexico;
(9) On tiebruary 9, 2007, the DEFENDANT was encountered by ICE Immigration
Enforcement Agent (IEA) Alexander Felix at Soledad State Prison, Soledad, California,
and during initial questioning, was determined to be unlawfully present in the United
States after a prior deportation. On March 15, 2007, EEA Steven Contreras rednterviewed
the DEFENDANT and advised the DEFENDANT of his Miranda rights in the English
and Spanish language, The DEFENDANT waived his l\/liranda rights and provided a
written sworn statement attesting to his alienage, prior deportation, and failure to obtain l
permission from the Secretary of the Department of Homeland Security or the United
States Attorney General to reenter the United States;
(10) The DEFENB/\N'l“’s official A-File does not contain any record or indication that the
DEFENDANT requested or received permission from the Secretary ofthe Department of
Homeland Security or the Attorney General ot` the United States to reenter the United
States;
(ll) Based on the above stated information, this Officer believes there is sufficient probable
cause that the DBFENDANT is present within the United States in violation of Title 8,
United States Code, Section 1326. I ·
@ i it so
“ arin L. M/iiste @
Deportation Officer
` ` Immigration and Customs Enforcement
Subscribed and sworn to before rne this Q day of { ‘‘-` I ‘‘`' _
if . i
{ i`*!5iV`.·»r/’°`*~
Howard R. Lloyd gg J
UNITED SyATES MAGIST , TE JUDGE
I
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Case 5:07-cr-00341-JF

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