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Criminal Complaint — United States v. Diego Flores (7:23-cr-01250, Southern District of Texas), Document 14

Summary

A sealed criminal complaint, Document 14, filed on 09/06/23, Case 7:23-cr-01250, Case No. 7:23-MJ-01540, in the Southern District of Texas, naming Diego Flores as defendant. It lists transporting aliens from Mission, Texas, to Falfurrias, Texas, by motor vehicle under 8 U.S.C. 1324. The complainant is Ruben Mendoza, United States Border Patrol Agent. Attachment A states that on August 29, 2023, thirty-six (36) undocumented noncitizens were discovered inside wooden crates at the Falfurrias, Texas USBP Checkpoint. It states that material witnesses Carlos Martinez-Diaz, Elvin Diaz-Lianez and Ever Lopez-Garcia each identified Diego FLORES as in charge, and that Martinez-Diaz stated paying approximately $16,500 USD to get smuggled into the United States.

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“Criminal Complaint — United States v. Diego Flores (7:23-cr-01250, Southern District of Texas), Document 14.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-7-23-cr-01250-dkt-14-29ff279419/, SHA-256 3bb531b106d3511f7a969da6dfb889e27fdc45d1beb155bc39971e0e756c7723.

Full text

               Case 7:23-cr-01250 Document 14 Filed on 09/06/23 in TXSD Page 1 of 4

AO 91 (Rev, l l/11) Criminal Complaint                  SEALED                                            United States Courts Southern
                                      UNITED STATES DISTRICT COURT                                               District of Texas
                                                                 for the
                                                                                                                        FILED
                                                      Southern District of Texas
                                                                                                                  August 31, 2023
                  United States of America                          )                                     Nathan Ochsner, Clerk of Court
                                v.                                  )
                                                                    )      Case No. 7:23-MJ-01540
                  Diego Flores / USA 1995



                                                                    )
                           Defendant(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 29, 2023              in the county of               Hidalgo            in the
     Southern           District of             Texas           , the defendant(s) violated:

             Code Section                                                     Offense Description
8 U.S.C. 1324(a)(1)(A)(ii), 1324(a)              Transporting aliens from a location in Mission, Texas, to a location in
(1 )(A)(v)(I), and 1324(a)(1 )(A)(V)(II)         Falfurrias, Texas, by means of a motor vehicle




          This criminal complaint is based on these facts:
See Attachment A




          if Continued on the attached sheet.
                                                                                         ;{!u6.ue,~a,
                                                                                                 Ruben Mendoil
                                                                                               Complainant's signature

                                                                             Ruben Mendoza / United States Border Patrol Agent
                                                                                                Printed name and title
Submitted by reliable electronic means, sworn to and
attested telephonically per FED.R.CR.4. l, and probable
cause found on:

Date:     August 31, 2023 at 9:02 AM


City and state:                           McAllen, Texas
  Case 7:23-cr-01250 Document 14 Filed on 09/06/23 in TXSD Page 2 of 4




                             ATTACHMENT A

I, Ruben Mendoza, am a United States Border Patrol Agent and have
knowledge of the following facts:

  1. On August 29, 2023, United States Border Patrol Agents encountered
     a 1 on 36 alien smuggling case at the Falfurrias, Texas USBP
     Checkpoint.

  2. Earlier that week, Agents had conducted surveillance at a
     previously identified human smuggling stash house located in
     Mission, Texas, and observed a flat-bed trailer with wooden crates
     being moved on the property.




                                                   I
  3. On August 29, 2023, at approximately 5:00 a.m., Agents observed a
     white Dodge Ram depart the property of the stash house in Mission,
     Texas.. The Dodge Ram was towing a flat-bed trailer loaded with
     wooden crates.

  4. The Dodge Ram was observed stopping at a nearby gas station where
     it met with a grey Dodge Ram.        The occupants were observed
     transferring the flat-bed trailer to the grey Dodge Ram. The grey
     Dodge Ram was now towing the flat-bed trailer.

  5. The grey Dodge Ram was followed to the Falfurrias, Texas USBP
     Checkpoint.   At the Checkpoint, thirty-six (36) undocumented
     noncitizens were discovered inside the wooden crates with no means
     of escape.
Case 7:23-cr-01250 Document 14 Filed on 09/06/23 in TXSD Page 3 of 4




6. The driver of the truck provided a post Miranda statement regarding
   the morning's events.    He stated he was a "hot shot" driver who
   picked up the load earlier that morning from an individual he has
   done business with on previous occasions.   A "hot shot" driver is
   a driver who transports machinery or goods using his own vehicle
   and/or trailer from one place to another. He claimed no knowledge
   of the persons who were inside the crates and claimed he was told
   they were loaded with pressure release valves.    According to him,
   this was a legitimate "hot shot" load.       The driver positively
   identified               as the individual who delivered the flat-
   bed trailer to him earlier that morning.

7. Material witness Carlos Martinez-Diaz, a citizen and national of
   El Salvador and a noncitizen of the United States, provided a post
   Miranda Statement. Martinez-Diaz stated paid approximately $16,500
   USD to get smuggled into the United States. Martinez-Diaz
   described the ranch he was being harbored at as being in poor
   condition with no running water or electricity. He positively
   identified Diego FLORES as the "Boss" of the smuggling operations.
   He stated Diego FLORES arrived several days earlier and told them
   he was in charge of everything. He stated Diego FLORES threatened
Case 7:23-cr-01250 Document 14 Filed on 09/06/23 in TXSD Page 4 of 4




  them and instructed them not to leave the house. Martinez
  positively identified               as one of the drivers for the
  smuggling organization. Martinez positively identified Antonio
  CUEVAS-Lozano as the caretaker at the ranch and stated CUEVAS-
  Lozano had transported him to the ranch several days earlier.

8. Material Witness Elvin Diaz-Lianez, a citizen and national of
   Honduras and a noncitizen of the United States, provided a post
   Miranda Statement. Diaz-Lianez stated he paid approximately $17,000
   USO to get smuggled into the United States. Diaz-Lianez described
   the ranch he was being harbored at and stated there was no running
   water or electricity. He positively identified                 as a
   forklift operator who loaded the wooden crates onto the trailer
   several days earlier.   Diaz positively Diego FLORES as the person
   in charge of the operation. Diaz stated Diego FLORES arrived
   several days earlier and introduced himself to everyone as "El
   Jefe" ("The Boss"). Diaz positively identified
   as the person who closed the wooden crates once they entered them.
   Diaz positively identified Antonio CUEVAS-Lozano as the caretaker.
   and as the person who transported him to the ranch several days
   earlier. He also stated CUEVAS-Lozano would feed them at the ranch.

9. Material Witness Ever Lopez-Garcia, a citizen and national of El
   Salvador and a noncitizen of the United States, provided a post
   Miranda Statement. Lopez-Garcia stated he paid approximately $9,000
   USO to get smuggled into the United States. Lopez-Garcia stated
   after crossing illegally into the United States, he was taken to a
   ranch where he stayed for several days. Lopez-Garcia positively
   identified Diego FLORES as one of the smugglers. He stated Diego
   FLORES told them he was in charge. Lopez-Garcia positively
   identified Antonio CUEVAS-Lozano as the caretaker.


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