Case 3:17-mj-01023-WVG Document 8 Filed 04/10/17 PageID.

10 Page 1 of 6
FILED
UNITED STATES DISTRICT COURT
APR I 0 2017

2 SOUTHERN DISTRICT OF CALIFO T ACLERK US DISTRICT COUR

otJiHERN DISTRICT OF CALIF ANIA
BY D PUTY
3

4 UNITED STATES OF AMERICA, Magistrate Case No.: n MJ I01

5 Plaintiff, AMENDED COMPLAINT FOR
6 V. VIOLATION OF
7 Daniel GOMEZ-Florez 21 u.s.c. 952, 960
Importation of Methamphetamine
8 Defendant
9

10

11
COUNT ONE

12
On or about April 5, 2017, within the Southern District of California, Daniel

13
GOMEZ-Florez did knowingly and intentionally import approximately and 21.66

14
kilograms (4 7. 7 5 pounds) of Methamphetamine, a Schedule II Controlled

15
Substance, into the United States from a place outside thereof; in violation of Title
21, United States Code, Sections 952 and 960.
16

17

18

19
a~
Homeland Security Investigations

20
SWORN TO BEFORE ME AND SUBSCRIBED IN MY PRESENCE, THIS
21
lOTH DAY OF April, 2017.
22

23

24

25 JILL L BURKHARDT
26

27

28

29
 Case 3:17-mj-01023-WVG Document 8 Filed 04/10/17 PageID.11 Page 2 of 6

AMENDED PROBABLE CAUSE STATEMENT

2

3
On April 5, 2017, at approximately 4:52 a.m., defendant Daniel GOMEZ-
4
Flores ("GOMEZ"), a United States citizen, applied for permission to enter into
5
the United States from Mexico through the Otay Mesa, California, Port of Entry in
6
vehicle lane # 10. GOMEZ was the driver, sole occupant, and registered owner of
7
a 2005 Chrysler Seabring bearing California license plates 7KVK658 ("the
8
vehicle").
9
Customs and Border Protection Officer ("CBPO") Teegarden conducted the
10
primary inspection of GOMEZ. GOMEZ told CBPO Teegarden that he was
11
traveling to the United States to go to work and he gave two negative customs
12
declarations to CBPO Teegarden. CBPO Teegarden inspected GOMEZ's vehicle
13
and noticed the spare tire, in the trunk of the vehicle, was not a normal weight for
14
a spare tire and had hard spots when he pushed down on it. CBPO Teegarden
15
referred the vehicle to secondary inspection for further investigation.
16
CBPO Rodriguez, assigned as the Z-portal X-ray operator, conducted an X-
17
ray of the vehicle. CBPO Rodriguez observed anomalies in the spare tire of the
18
vehicle. CBPO Rodriguez escorted GOMEZ to the security office and referred the
19
vehicle for further inspection.
20
CBPO Haynes conducted the secondary inspection of the vehicle. During
21
the secondary inspection, CBPO Haynes discovered the spare tire in the truck of
22
the vehicle. CBPO Haynes observed that the spare tire was unusually heavy.
23
CBPO Haynes cut the spare tire open and discovered brown wrapped packages
24
concealed within the spare tire, CBPO Haynes discovered twenty-three packages,
25
wrapped in clear plastic wrap, carbon paper, cardboard, and packing tape. CBPO
26
Haynes probed one of the packages. The package contained a clear crystal like
27
substance that field-tested positive for methamphetamine. The combined weight
28
of the packages was approximately 12.76 kilograms (28.13 pounds). At
29
approximately 5:55 a.m. CBPO Haynes notified Sector of the discovery.
 Case 3:17-mj-01023-WVG Document 8 Filed 04/10/17 PageID.12 Page 3 of 6

At approximately 9:00 a.m., Homeland Security Investigations ("HSI")

2 Special Agents Trovillion and Enriquez interviewed GOMEZ. GOMEZ agreed to
3 waive his Miranda rights and speak with agents. During the interview, GOMEZ
4 stated that he had owned the vehicle for a couple of months. GOMEZ claimed to
5 have traded the vehicle to another individual approximately three months ago, in
6 exchange for their vehicle, but decided to trade back due to mechanical problems
7 with the new vehicle. GOMEZ stated he received the vehicle back and has been
8 driving it for approximately one month. GOMEZ stated he lives in Tijuana,
9 Mexico. GOMEZ stated that he was traveling to the United States to go to
10 Denny's located in National City. GOMEZ stated that he was going to have
11 breakfast by himself and then return to Tijuana, MX to go to soccer practice at
12 8:00. GOMEZ claimed he did not know anything about the drugs in the vehicle.
13 California Department of Motor Vehicles records confirmed that GOMEZ is the
14 registered owner of the vehicle.
15 GOMEZ was arrested and charged with a violation of Title 21, United
16 States Code, 952 and 960, importation of a controlled substance.
17 On April 7, 201 7, SA Trovillion was notified by CBP of additional
18 packages found in the vehicle. During their final inspection, CBPO discovered an
19 additional eleven packages concealed within the quarter panels of the vehicle. The
20 total weight of the eleven packages was 8.90 kilograms (19.62 pounds). The
21 combined weights of the twenty-three packages discovered in the spare tire and
22 the eleven packages discovered in the quarter panels is 21.66 kilograms (47.75
23 pounds).
24

25

26

27

28

29
 Case 3:17-mj-01023-WVG Document 8 Filed 04/10/17 PageID.13 Page 4 of 6
MICHAEL DESHONG

xct~ qo f FILED
UNITED STATES DISTRICT COUR~ ~ -APR 0 5 2017
2 SOUTHERN DISTRICT OF CALIFORNfAE~~~_.
~~
~ ~~:; ~>.!~r~cc~Rr
~ ~~-:rCR\:'> ,#- ....
-----..._-...-.....,.,._ C: P ~ T
3

4 UNITED STATES OF AMERICA, Magistrate Case No.:

5 Plaintiff, COMPLAINT FOR VIOLATION OF
6 V. 21 u.s.c. 952, 960
Importation of Heroin and
1 Daniel GOMEZ-Florez Methaniphetamine
8 Defendant
9 '1714J 10 23
10
COUNT ONE
11
On or about April 5, 2017, within the Southern District of California, Daniel
12
GOMEZ-Florez did knowingly and intentionally import approximately and 12.76
13
kilograms (28.13 pounds) ofMethamphetamine, a Schedule IT Controlled
14

15
Substance, into the United States from a place outside thereof; in violation of Title
21, United States Code, Sections 952 and 960.
16

17

18 Special Agent
19
Homeland Security Investigations

20
SWORN TO BEFORE ME AND SUBSCRIBED IN MY PRESENCE, THIS 51H
21
DA.Y OF April, 2017.
22 WILLIAM V. GALLO
23
U.S. MAGISTRATE JUDGE
24

25

26

27

28

29
 Case 3:17-mj-01023-WVG Document 8 Filed 04/10/17 PageID.14 Page 5 of 6

PROBABLE CAUSE STATEMENT

2

3
On April 5, 2017, at approximately 4:52 a.m., defendant Daniel GOMEZ-
4
Flores ("GOMEZ"), a United States citizen, applied for permission to enter into
5
the United States from Mexico through the Otay Mesa, California, Port of Entry in
6
vehicle lane #10. GOMEZ was the driver, sole occupant, and registered owner of
7
a 2005 Chrysler Seabring bearing California license plates 7KVK658 ("the
8
vehicle").
9
Customs and Border Protection Officer ("CBPO") Teegarden conducted ,the
10
primary inspection of GOMEZ. GOMEZ told CBPO Teegarden that he was
11
traveling to the United States to go to work and he gave two negative customs
12
declarations to CBPO Teegarden. CBPO Teegarden inspected GOMEZ's vehicle
13
and noticed the spare tire, in the trunk of the vehicle, was not a normal weight for
14 '
a spare tire and had hard spots when he pushed down on it. CBPO Teegarden
15
referred the vehicle to secondary inspection for further investigation.
16
CBPO Rodriguez, assigned as the Z-portal X-ray operator, conducted an X-
17
ray of the vehicle. CBPO Rodriguez observed anomalies in the spare tire of the
18
vehicle. CBPO Rodriguez escorted GOMEZ to the security office and referred the
19
vehicle for further inspection.
20
CBPO Haynes conducted the secondary inspection of the vehicle. During
21
the secondary inspection, CBPO Haynes discovered the spare tire in the truck of
22
the vehicle. CBPO Haynes observed that the spare tire was unusually heavy.
23
CBPO Haynes cut the 'spare tire open and discovered brown wrapped packages
24
concealed within the spare tire, CBPO Haynes discovered twenty-three packages,
25
wrapped in clear plastic wrap, carbon paper, cardboard, and packing tape. CBPO
26
Haynes probed one of the packages. The package contained a clear crystal like
27
substance that field-tested positive for methamphetamine. The combined weight
28
of the packages was approximately 12.76 kilograms (28.13 pounds). At
29
approximately 5:55 a.m. CBPO Haynes notified Sector of the discovery.
 Case 3:17-mj-01023-WVG Document 8 Filed 04/10/17 PageID.15 Page 6 of 6

At approximately 9:00 a.m., Homeland Security Investigations ("HSI")

2 Special Agents Trovillion and Enriquez interviewed GOMEZ. GO:l\1EZ agreed to
3 waive his Miranda rights and speak with agents. During the interview, GOMEZ
4 stated that he had owned the vehicle for a couple of months. GOMEZ claimed to
5 have traded the vehicle to another individual approximately three months ago, in
6 exchange for their vehicle, but decided to trade back due to mechanical problems
7 with the new vehicle. GOMEZ stated he received the vehicle back and has been
8 driving it for approximately one month. GOMEZ stated he lives in Tijuana,
9 Mexico. GOMEZ stated that he was traveling to the United States to go to
10 Denny's located in National City. GOMEZ stated that he was going to have
11 breakfast by himself and then return to Tijuana, MX to go to soccer practice at
12 8:00. GOMEZ claimed he did not know anything about the drugs in the vehicle.
13 California Department of Motor Vehicles records confirmed that GOMEZ is the
14 registered owner of the vehicle.
15 GOMEZ was arrested and charged with a violation of Title 21, United
16 States Code, 952 and 960, importation of a controlled substance.
17

18

19

20

21

22

23

24

25

26

27

28

29