Criminal Complaint — United States v. Gerardo Villarreal (7:23-cr-01250, Southern District of Texas), Document

Summary

A criminal complaint, Document 1, filed 08/25/23, Case 7:23-cr-01250, in the Southern District of Texas, naming Gerardo Villarreal as defendant, with Case No. 7:23-MJ-01503-1. The offense is listed as Title 18 U.S.C. Section 922(g), felon in possession of a firearm, on or about August 21, 2023, in the county of Hidalgo. The complainant is Eric Lerma, ATF Special Agent, shown with /s/. Attachment A states that a Hidalgo County Sheriff's Office Deputy stopped a white Honda Civic in Alton, Texas, that a K-9 gave a passive alert, and that deputies located a loaded pistol under the driver seat and a clear plastic bag with suspected cocaine. It also states that Villarreal was convicted on May 8, 2018 of Kidnapping and was re-sentenced on April 12, 2023.

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Case 7:23-cr-01250 Documenti1 Filed on 08/25/23 in TXSD Page 1 of 2

AO 91 (Rev. 11/11) Criminal Complaint

UNITED STATES DISTRICT COURT _ United States Courts

Southern District of Texas

for the
, FILED
Southern District of Texas August 25, 2023
United States of America ) Nathan Ochsner, Clerk of Court
Vv. )
) Case No. 7:23-MJ-01503-1
Gerardo VILLARREAL
YOB: 1989 COB: U.S. )
|
CRIMINAL COMPLAINT

I, the complainant in this case, state that the following is true to the best of my knowledge and belief.

On or about the date(s) of August 21, 2023

in the county of Hidalgo in the
, the defendant(s) violated:

Offense Description

Southern District of Texas
Code Section
Title 18 U.S.C. Section 922(g) Felon in possession of a firearm
(1)
This criminal complaint is based on these facts:
See Attachment A

Continued on the attached sheet.

Approved by AUSA Devin V. Walker

(mg) Sworn to telephonically and signed electronically
per Fed.R.Cr.4.1

Date: 08/25/2023 at3:54 p.m.

City and state: | McAllen, Texas

/s/ Eric Lerma

Complainant's signature

Eric Lerma, ATF Special Agent

Printed name and title

Uy e's signature

J. Scott U.S. Magistrate Judge

sa Printed name and title
Case 7:23-cr-01250 Document1 Filed on 08/25/23 in TXSD Page 2 of 2

ATTACHMENT A

On August 21, 2023, in Alton, Texas, within the Southern District of Texas, a Hidalgo County Sheriff's
Office (HCSO) Deputy conducted a traffic stop on a white Honda Civic near the area of 6 Mile Line and
Conway Road. The reason for the traffic stop on the white Honda Civic was due to the rear license plate
being obstructed, in violation of Texas Transportation Code TRANSP 504.945.

The Deputy identified VILLARREAL as the driver and the only occupant of the Honda Civic.
VILLARREAL identified himself to Deputy Garcia using a Texas Identification Card.

The Deputy deployed his HCSO issued K-9 “Ston” to conduct a sweep of the Honda Civic to detect for the
presence of any narcotics. The Deputy observed K-9 “Ston” provide a passive alert to the odor of illegal
narcotics inside of the vehicle. Due to K-9 alert, the Deputy proceeded to search the vehicle for the
presence of any narcotics.

As a result of the search, Deputies located a loaded, black in color, Smith & Wesson, Bodyguard, .380
caliber pistol, bearing serial number: EAY2510, underneath the driver seat of the Honda Civic, and a clear
plastic bag with suspected cocaine in the rear pocket of the passenger seat.

Your Affiant knows on May 8, 2018, VILLARREAL was convicted before the U.S. District Court,
Southern District of Texas, McAllen Division, for the offense of 18 U.S.C. § 1201(a) and 2, Kidnapping
and he was sentenced to three hundred twenty-four (324) months custody of the Bureau of Prisons and five
(5) years of supervised release term imposed (7:12CR00007-001). On April 12, 2023, he was re-sentenced
to time served followed by three (3) years of supervised release.

The firearm was examined by an ATF Interstate Nexus agent and were determined to have been
manufactured outside of the State of Texas and had thus moved in and effected interstate commerce.


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