A0 91 (Rev. 11/li) Criminal Complaint -.- a UNITED STATES DISTRICT LOURT 

for the 

Western District of Texas 

United States of America ) 

v. ) 

Mario Darinel PINEDA ) ) 

) Defendant(s) 

Case No. 

2U20 PR -6 fCJ 27 

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 4,2020 in the county of El Paso, Texas in the 

Western District of Texas , the defendant(s) violated: 

Code Section Offense Description 

21 usc § 841 Defendant(s) did, knowingly and intentionally, possess with the intent to 

distribute, approximately .78 kilograms (gross weight) of Crystal 

Methamphetamine, a Schedule II Controlled Substance. 

21 USC § 952 Defendant(s) did, knowingly and intentionally, import into the united States 

from the Republic of Mexico, approximately .78 kilograms (gross weight) of 

Crystal Methamphetamine, a Schedule II Controlled Substance. 

This criminal complaint is based on these facts: 

See attached affidavit. 

Qc Continued on the attached sheet. 

Sworn to before me and signed in my presence. 

Date: 04/06/2020 

Sworn 

FecI.R.CIIVn.P. 4.1 (b)(2XA) 

Robert Hernandez, HSI Special Agent 

Printed name and title 

Judge 's signature 

City and state: El Paso, Texas MueI A. Torres, U.S. Magistrate Judge 

-- Printed name and title 

Case 3:20-mj-02189-MAT Document 1 Filed 04/06/20 Page 1 of 3
AFFIDAVIT 

On Saturday, April 4, 2020, at approximately 7:07 A.M., Mario Darinel PINEDA made entry 

into the United States via the Paso Del Norte (PDN) Port of Entry (POE) northbound pedestrian 

lanes in El Paso, Texas. PINEDA was traveling alone when he presented himself for inspection 

with Customs and Border Protection Officer (CBPO) Abel Gasca. 

CBPO Gasca was working the PDN POE primary pedestrian lanes of travel when he came into 

contact with PINEDA. During the inspection process, CBPO Gasca observed PINEDA exhibit 

signs of nervousness when presenting his entry document i.e. birth certificate and answering 

questions. CBPO Gasca stated PINEDA's hands and voice were noticeably shaky during his 

encounter with PINEDA. CBPO Gasca further stated that PINEDA provided a negative oral 

customs declaration and claimed the purpose for seeking admission into the United States was to 

work at a McDonald's restaurant. CBPO Gasca then noticed that PINEDA was not wearing the 

proper attire, such as a McDonald's t-shirt or uniform and subsequently asked PINEDA to 

explain why he was not properly dressed. PINEDA stated to CBPO Gasca that he was going to 

meet his brother in El Paso, Texas to receive his McDonald's t-shirt prior to arriving at work. 

CBPO Gasca again noted PINEDA's nervous behavior when his hands began to tremble as he 

presented a pack of cigarettes he had in his possession and because of his constant touching of 

his jewelry. CBPO Gasca then asked PINEDA if anyone was paying him to bring anything to or 

from Mexico into the United States and PINEDA responded hesitantly that no one was paying 

him to take or bring anything. CBPO Gasca then referred PINEDA to passport control 

secondary (PC S) for a more intensive examination based on his training and experience that 

PINEDA could be a body carrier. 

While in PCS, Canine Enforcement Officer (CEO) Gerardo Cruz and his Narcotic and Human 

Detector Dog (NHDD), Atoss, were requested to assist with conducting a cursory search of 

PINEDA's person for the presence of an unknown narcotic. Subsequently, CEO Cruz and his 

assigned NHDD, Atoss, received a positive alert to PINEDA's groin area. 

A supervisory approved pat down search of PINEDA revealed the discovery of three clear plastic 

wrapped bundles concealed within the groin and backside pants area of his person. A random 

bundle was probed and revealed a crystalized substance which field tested positive for containing 

properties of methamphetamine. The aggregate amount for the three bundles of crystalized 

methamphetamine was approximately .78 kilograms (gross weight). 

Homeland Security Investigations (HSI) Special Agents (SA) Robert Hernandez and Jason 

Grijalva were notified of the crystal methamphetamine seizure and arrived at the PDN POE to 

conduct a preliminary investigation. 

Case 3:20-mj-02189-MAT Document 1 Filed 04/06/20 Page 2 of 3
At approximately 10:59 A.M., SA Hernandez, in the presence of SA Grijalva, advised PINEDA 

of his Miranda Rights and PINEDA chose to answer questions without an attorney present. 

PINEDA acknowledged to agents he understood that he was being detained at the PDN POE 

because of a failed attempt to cross into the United States a quantity of crystal 

methamphetamine. According to PINEDA, upon successfully crossing the bundles of crystal 

methamphetamine, he was supposed to meet and turn over the drugs to a Hispanic male driving a 

small black vehicle with Texas license plates just north of the PDN POE by the public telephones 

and taxis. PINEDA stated he has participated in approximately 30 successful drug smuggling 

ventures in which he has transported crystal methamphetamine on his person through the PDN 

POE pedestrian lanes and delivered the drugs to the unknown Hispanic male. PINEDA stated he 

was paid 400.00 in United States Dollars (400 USD) for each trip he successfully crossed crystal 

methamphetamine from Ciudad Juarez, Chihuahua, Mexico to El Paso, Texas. 

Case 3:20-mj-02189-MAT Document 1 Filed 04/06/20 Page 3 of 3