UNITED ST ATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION 

FIL.ED 

RICHARD V.' . . '- · _ ,...LEc. v. ,,::: . :· - l.,,1 p S \ •.J I •. 

2017 NOV 2 I AH IQ: 3 6 

_ · ,·r :--:,i, · 

)00 i r .~:~1 CiS T UHlO 

WEST DIV CIHCl ~m ATI 

IN THE MATTER OF THE SEARCH OF 

THE CELLULAR TELEPHONE 

ASSIGNED CALL NUMBER 513-571-2690 

(Metro PCS (T-Mobile) ) 

CASENO. 111 'iM J -89 8 

UNDER SEAL 

AFFIDAVIT IN SUPPORT OF 

AN APPLICATION FOR A SEARCH WARRANT 

I, Matthew Wenker, being first duly sworn, hereby depose and state as follows: 

INTRODUCTION AND AGENT BACKGROUND 

1. I make this affidavit in support of an application for a search warrant under Federal 

Rule of Criminal Procedure 41and18 U.S.C. §§ 2703(c)(l)(A) for information about the location 

of the cellular telephone assigned call number 513-571-2690 ("Target Telephone"), whose 

service provider is Metro PCS (T-Mobile), a wireless telephone service provider headquartered at 

4 Sylvan Way, Parsippany, NJ 07054 The targeted cell phone is described herein and in 

Attachment A, and the location information to be seized is described herein and in Attachment B. 

2. I have been employed as a Special Agent (SA) with the Federal Bureau of 

Investigation (FBI) since July have 2011 , and have conducted investigations into criminal 

enterprises, narcotics investigations, organized crime, and violent crimes to include the unlawful 

possession and possession with the intent to distribute of controlled substances, as well as the 

associated conspiracies in violation of Title 21 , United Stated Code, Sections 84l(a)(l) and 846. 

My investigative experience is derived from working on the Mexican Border in Sierra Vista, 

Arizona, the U.S. territory Puerto Rico, and Cincinnati, OH. Before being employed as a SA with 

the FBI, I was a Special Operations U.S. Army Ranger with four combat deployments to 
Afghanistan and Iraq. My formal education consists of a Bachelors of Accounting and a Masters 

of Business Administration (MBA). 

3. I have conducted investigations into criminal enterprises, narcotics investigations, 

organized crime, and violent crimes to include the unlawful possession, possession with the intent 

to distribute, and actual distribution of controlled substances, as well as the associated conspiracies 

in violation of Title 21 , United States Code, Sections 84l(a)(l) and 846. Your affiant has also 

participated in the execution of federal search warrants and federal arrest warrants in relation to 

these investigations. Additionally, your affiant has participated in the installation and monitoring 

of tracking devices for vehicles in order to determine the whereabouts of believed drug traffickers 

and their illicit merchandise. Your affiant has also been involved with the administrative duties 

and monitoring responsibilities of Title III Wire intercepts, and analysis of pen registers related to 

narcotics and gang investigations. Your affiant is familiar with their methods of concealing the 

whereabouts of their illegal drugs, the methods they use to keep law enforcement officers from 

finding evidence of drug trafficking operations as well as the methods they use to keep law 

enforcement officers from finding evidence of drug trafficking operations as well as the methods 

they use to prevent others unfamiliar with their criminal conduct from observing things indicative 

of drug trafficking. Your affiant is also familiar with the paranoia surrounding most drug 

traffickers and the common ways in which wholesale drug distributors attempt to conceal their 

assets, their purchases, and other financial dealings that could be traced to them. 

4. During the course of my law enforcement career I have conducted and participated 

in the investigation of numerous criminal offenses, including those involved in the current 

investigation. I have participated in illicit drug trafficking investigations, violent crimes 

investigations, and gangs and criminal enterprise investigations, ranging from street level dealers 

to major drug suppliers. These investigations have also included the unlawful importation, 

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possession with intent to distribute and distribution of illegal substances, the related money 

laundering instruments, the conducting of monetary transactions involving the proceeds of 

specified unlawful activities, and conspiracies associated with criminal narcotics offenses. These 

investigations during my career, which have resulted in the seizure of narcotics, arrests of suspects, 

their prosecution, conviction; have involved: the use of confidential informants; the analysis of 

pen registers, trap and trace, and toll records; physical surveillances; electronic surveillances to 

include the use of poll cameras and vehicle cameras; and the execution of search warrants. 

5. Through my training and experience I am aware that drug traffickers often 

communicate with their customers, couriers, and/or associates through the use of standard hardline telephones, cellular telephones and digital display paging devices, or use of multiple 

telephones or other devices, to avoid detection by law enforcement. 

6. The facts in this affidavit come from my personal observations, my training and 

experience, and information obtained from other agents and witnesses. This affidavit is intended 

to show merely that there is sufficient probable cause for the requested warrant and does not set 

forth all of my knowledge about this matter. 

7. Based on the facts set forth in this affidavit, there is probable cause to believe that 

violations of 21 United States Code, Sections 841 (a)(l) and 846 have been committed, are being 

committed, and will be committed by Jose Lopez ALBARRAN, and other as-yet unknown 

individuals. There is also probable cause to believe that the location of Target Telephone will 

constitute evidence of those criminal violations, and will lead to the identification of individuals 

who are engaged in the commission of these offenses. 

THE RELEVANT FACTS 

8. 1. The FBI Cross Border Violence Task Force (CBVTF) is 

investigating the bulk cash narcotics proceeds money laundering operations of Jose Lopez 

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ALBARRAN (ALBARRAN) as a participant in a criminal enterprise based in Culiacan, Sinaloa, 

Mexico and operating throughout the United States that utilize the subject telephone in the 

district of Southern District of Ohio for violations of federal criminal laws, including, but not 

limited to, conspiracy to launder monetary instruments, in violation of 18 U.S.C. § 1956(h); the 

distribution of controlled substances, in violation of21 U.S.C. § 84l(a)(l); use ofa 

communication facility in the commission of controlled substances trafficking offenses, in 

violation of 21 U.S.C. § 843(b); and conspiracy to commit controlled substances trafficking 

offenses, in violation of 21 U.S.C. § 846 ("the Target Offenses"). 

9. 2. As further discussed below, there is probable cause to believe that: 

(i) ALBARRAN and other members of the criminal organization based in Culiacan, 

Mexico, (the "Target Subjects") have committed, are committing, and will continue to commit 

one or more of the Target Offenses; (ii) that the subject telephone is being used, and will 

continue to be used by ALBARRAN and members with the transnational criminal organization 

to facilitate the commission of one or more of the Target Offenses; and (iii) the data obtained 

from the Requested Location Information and the cell site locations and telecommunications 

records concerning the subject telephones will constitute and/or will lead to evidence, fruits, 

and instrumentalities of the Target Offenses as well as to the identification of the individuals 

who are committing those and related crimes. 

10. 3. I personally have participated in the investigation set forth below, 

which is being conducted by FBI Special Agents and Task Force Officers in the FBI, San Diego 

Field Division, and Cincinnati among others. Based on my participation in the current 

investigation, my training and experience, my review of reports written by other FBI agents and 

local officers in the Cincinnati Field Division, the San Diego Field Division, the Target Subjects 

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are operating a criminal enterprise involving narcotics trafficking and the laundering of bulk cash 

proceeds from the sale of narcotics. 

11. 4. In September 2015, an FBI Confidential Human Source 1 ("CHSl ") began providing information to the FBI leading to the identification of ALBARRAN and his 

participation in a criminal enterprise based in Culiacan, the capital of the State of Sinaloa, 

Mexico, and operating throughout the United States. In this investigation, the San Diego Cross 

Border Violence Task Force ("CBVTF") has used CHS-1 to participate in multiple controlled 

money "pickups" in cities across the United States, following a common pattern. Later, the 

CBVTF cultivated a relationship with ALBARRAN through a CBVTF Undercover Employee 

[UCE-1 ], who represents himselfi'herself as the manager of a money laundering organization that 

offers its services to ALBARRAN in the pickup and laundering of bulk cash narcotics proceeds. 

ALBARRAN has stated in conversations with UCE-1 that the source of the bulk cash that he 

brokers the pickup and laundering of is proceeds from the sales of illicit narcotics. Since March, 

2016, ALBARRAN has communicated directly with UCE-1 to facilitate the pickup and 

laundering of bulk cash located in cities throughout the United States. Additionally, in March, 

2017, a second UCE [hereinafter UCE-2] was introduced who represents himself/herself as an 

individual who works alongside UCE-1. As described below, a pickup typically is initiated 

when ALBARRAN contacts a UCE [UCE-1 or UCE-1] and provides him/her with the name or 

alias of a courier and a phone number at which to contact the courier. ALBARRAN sometimes 

provides the UCE with a coded phrase to provide to the courier in order to communicate that the 

UCE has been designated by the Target Subjects to pick up the money. Generally, the UCE 

1 CHS-1 has been cooperating since September 2015. CHS-1 's motivation is to assist CHS-1 's son in avoiding 

prosecution. To date, CHS-I has provided reliable and independently corroborated information to law enforcement, 

including the interception of $980,269 and the seizure of $425,000 of bulk cash proceeds from the sale of narcotics. 

CHS-I has been compensated $34,000 with the approval of the United States Attorney's Office in the Southern 

District of California. 

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communicates with the courier to arrange the specifics of the pickups including a discussion of 

the amount of money and location for the meeting. If and when the pickups are successfully 

completed, the money is officially counted, deposited to FBI controlled accounts, and disbursed 

to accounts controlled by ALBARRAN. To date, investigators, with the assistance of CHS-I 

and then UCE-1/UCE-2, have completed several successful controlled pickups, reverse money 

laundering pickups, and/or seizures of U.S. currency in Kansas City, Cincinnati, New York City, 

Philadelphia, San Diego, and the Boston area. These controlled operations involved interceptions 

totaling approximately $2 million, and/or seizures totaling $700,000. ALBARRAN agreed to 

and did utilize his associates to launder the said cash for UCE-1 and his/her fictitious 

organization, picking it up in said cities and then depositing into FBI controlled accounts. 

12. 

13. 5. The CBVTF and FBI Cincinnati (CI) are currently investigating Raul TREJO, 

who participates as a bulk cash facilitator in Cincinnati, Ohio. On February 22, 2017, TREJO 

arranged for his son (hereafter MINOR!) to deliver $179,800 bulk cash to a CBVTF UCE. On 

March 2, 2017, TREJO and MINOR! delivered $155,980 to a CVVTF UCE. The bulk cash 

deliveries are believed to be the proceeds from the sale of illicit narcotics. 

14. 6. On May 4, 2017, the CBVTF obtained authorization from the 

Honorable William Q. Hayes to conduct a Title 111 intercepts of TREJO's telephone. 

15. 7. On May 10, 2017, monitored a conversation between TREJO and a 

Mexican telephone 52-1-686-264-6298, later identified as Jose Maria CHAVEZ-Maria aka 

CHEMA (hereafter CHEMA), in which a conversation took place in Spanish discussing a 

delivery and pick-up of an item at TREJO's. After the call, TREJO placed a telephone call to 

telephone number 513-464-0377 and had a conversation about meeting the following day. 

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16. 8. On May 11 , 2017, surveillance identified a blue Dodge Ram bearing 

Ohio license plate HBD-3 112, arrive at TREJO's residence. Donte HOLDBROOK was 

observed exiting the vehicle and carried a white bag into the residence. HOLDBROOK 

appeared to have left the bag inside of the residence when he left. The blue Dodge Ram is 

registered to HOLDBROOK's mother, Lori Quinn. 

17. 9. In addition, on May 4, 2017, Middletown Police Department Narcotics 

Unit conducted a controlled buy ofFentanyl from Donte HOLDBROOK. HOLDBROOK was 

driving the blue Dodge Ram bearing Ohio license plate HBD-3 11 2 during the transaction and 

utilized telephone 901-273-3683 for the transaction. 

18. 10. On July 25, 2017, FBI Cincinnati surveillance observed known 

narcotics supplier Donte HOLDBROOK and Mariela PENALOZA arrive at known bulk cash 

facilitator, Raul TREJO's, residence. Donte HOLDBROOK carried a large bag into the 

residence. Donte HOLDBROOK then left the residence empty handed and drove away with 

PENALOZA. Approximately an hour later at around 11 :42 PM, Donte HOLDBROOK arrived 

at Raul TREJO's residence carrying a large box and PENALOZA carried a light colored 

shopping type bag and went into the residence. At the same time, a light in color sedan backed 

into the driveway of Raul TREJO at what appeared to be the direction of Donte HOLDBROOK. 

The telephone number known to be utilized by Donte HOLDBROOK, 901-273-3683, was in 

contact with target telephone, 757-324-1286, throughout the evening of July 25, 2017 and into 

the early morning of July 26, 2017. Telephone number 757-324-1286 was identified as 

belonging to Jettie BAILEY Jr. 

19. 11. At approximately 00:32 a.m., on July 26, 2017, the light colored sedan then 

backed into the garage and Raul TREJO's and the garage door shut close. The vehicle was in the 

garage until approximately 1 :50 a.m when the garage door was opened the vehicle pulled out 

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with the back trunk lid open. Law enforcement believes that illicit contraband was loaded into 

the back of the light colored sedan. Several minutes later, the light colored sedan left along with 

Donte HOLDBROOK and Mariela PENALOZA. 

20. 12. Pen Register Trap and Trace and GPS positioning federal court orders were 

received for BAILEY's 757-324-1286. On August 12, 2017, a law enforcement interdiction 

was conducted on BAILEY's vehicle as it drove from Phoenix, Arizona to Middletown, Ohio. 

Approximately five kilograms of illicit narcotics were located within the gas tank of the vehicle 

which tested positive for the presence of heroin, fentanyl, and ketamine with a street value of 

approximately $500,000. 

21 . 13. During November of 2017, Middletown Police Department Narcotics 

Detective Larry Fultz advised that a reliable confidential informant (Cl), who has previously 

conducted controlled narcotics purchases from several members of the HOLDBROOK Drug 

Trafficking Organization (OTO), advised that Donte HOLDBROOK is currently using Raymond 

Scott COMBS and his wife, Cynthia COMBS, as the drug mules to pick up kilograms of 

narcotics by driving to states out west in vicinity of the U.S. Mexican border after the arrest of 

Jettie BAILEY Jr. The COMBs' use subject telephone 513-571-2690. The CI provided that the 

COMBS' receive $10,000 in payment for making each mule trip out west. This coincides with 

the Jettie BAILEY Jr. mule trips, as he was also paid $10,000 for each trip. The CI is 

cooperating for case consideration and has been deemed reliable on numerous occasions, 

including conducting multiple successful law enforcement evidentiary controlled narcotics 

purchases. The information the CI has provided on the HOLDBROOK OTO has proved to be 

valuable over the course of the investigation and has been corroborated through multiple 

unrelated sources of information without issue. 

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22. 14. On November 20, 2017, a spoof call was placed to subject telephone 513-

571-2690 and a female answered the phone and identified herself as "Cynthia." It is believed 

that Cynthia is Cynthia COMBS. A toll analysis on 513-571-2690 showed that is has had 

frequent previous communications with HOLDBROOK OTO member and known narcotics 

supplier Charleston QUfNN's subject telephone 513-267-2410. A public source Facebook 

search showed 513-571-2690 as being registered to "Scott Combs." 

23. 15. The same reliable CI also advised that recently Scott COMBS and Cynthia 

COMBS were held by Mexican Drug Cartel members in Las Vegas, Nevada because Donte 

HOLDBROOK refused to pay for narcotics because they were of a lower than expected quality. 

Since then, Donte HOLDBROOK and the Mexican narcotics suppliers worked out their issues 

and are going to continue business. Donte HOLDBROOK and Charleston QUINN have both 

provided to the Cl that they are receiving some high quality "fire" illicit narcotics in the near 

future, possibly even within the next couple of days. 

24. 16. The reliable CI advised Donte HOLDBROOK is utilizing subject telephone 

602-668-2163, and several Middletown, Ohio residents have also provided that Donte 

HOLDBROOK and Charleston QUINN are continuing to sell illicit narcotics throughout the 

community. A toll analysis on HOLDBROOK's subject telephone 602-668-2163 showed 

communication with Mariela PENALOZA's known telephone number, 513-628-9054. 

Charleston QUINN is utilizing subject telephone 513-267-2401. Previously on March 29, 

2017, Middletown Police Department Narcotics Unit conducted a controlled one ounce purchase 

of fentanyl from Charleston QUINN on his 513-267-2401 telephone. 

25. 17. The requested information will assist agents in locating Donte 

HOLDBROOK, Charleston QUINN, Scott COMBS, and Cynthia COMBS and other individuals 

involved in the HOLDBROOK OTO. The information provided will help to identify vehicles 

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and locations used to launder money and distribute narcotics, thereby allowing for surveillance, 

interdiction efforts, and arrests to be made. 

26. 18. In my training and experience, I have learned that providers of cellular 

telephone service have technical capabilities that allow them to collect and generate at least two 

kinds of information about the locations of the cellular telephone to which they provide service: 

(1) E-911 Phase II data, also known as OPS data or latitude-longitude data, and (2) cell-site data, 

also known as "tower/face information" or cell tower/sector records. E-911 Phase II data 

provides relatively precise location information about the cellular telephone itself, either via OPS 

tracking technology built into the phone or by triangulating on the device's signal using data 

from several of the provider's cell towers. Cell-site data identifies the "cell towers" (i.e., antenna 

towers covering specific geographic areas) that received a radio signal from the cellular 

telephone, and in some cases, the "sector" to which the telephone connected. These towers are 

often a half-mile or more apart, even in urban areas, and can be 10 or more miles apart in rural 

areas. Furthermore, the tower closest to a wireless device does not necessarily serve every call 

made to or from that device. Accordingly, cell-site data is typically less precise than E-911 

Phase II data. 

27. 19. Based on my training and experience, I know that wireless phone companies 

can collect E-911 Phase II data about the location of the target cell phone, including by initiating 

a signal to determine the location of the target cell phone on the cellular network or with such 

other reference points as may be available. I also know that wireless phone companies can 

collect cell-site data about the cell phone. 

28. Based on the aforementioned facts and reporting, I believe there is probable cause 

to show that Jose Lopez ALBARRAN is using Target Telephone to commit federal narcotics 

10 
offenses and that the information requested will assist the FBI in identifying co-conspirators and 

additional cellular devices owned and operated by the targeted subjects. 

29. In my training and experience, I have learned that providers of cellular telephone 

service have technical capabilities that allow them to collect and generate at least two kinds of 

information about the locations of the cellular telephones to which they provide service: (1) E-911 

Phase II data, also known as GPS data or latitude-longitude data, and (2) cell-site data, also known 

as "tower/face information" or cell tower/sector records. E-911 Phase II data provides relatively 

precise location information about the cellular telephone itself, either via GPS tracking technology 

built into the phone or by triangulating on the device's signal using data from several of the 

provider's cell towers. Cell-site data identifies the "cell towers" (i.e., antenna towers covering 

specific geographic areas) that received a radio signal from the cellular telephone and, in some 

cases, the "sector" (i.e., faces of the towers) to which the telephone connected. These towers are 

often a half-mile or more apart, even in urban areas, and can be I 0 or more miles apart in rural 

areas. Furthermore, the tower closest to a wireless device does not necessarily serve every call 

made to or from that device. Accordingly, cell-site data is typically less precise that E-911 Phase 

II data. 

30. Based on my training and experience, I know that wireless phone companies can 

collect E-911 Phase II data about the location of the target cell phone, including by initiating a 

signal to determine the location of the target cell phone on Metro PCS CT-Mobile) network or with 

such other reference points as may be reasonably available. 

31. Based on my training and experience, I know that wireless phone companies can 

also collect cell-site data about the target cell phone. 

AUTHORIZATION REQUEST 

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32. Based on the foregoing, I request that the Court issue the proposed search warrant, 

pursuant to Federal Rule of Criminal Procedure 41 and 18 U.S.C. § 2703(c). 

33. I further request, pursuant to 18 U.S.C. § 3103a(b) and Federal Rule of Criminal 

Procedure 41 (f)(3), that the Court authorize the officer executing the warrant to delay notice until 

30 days after the collection authorized by the warrant has been completed. There is reasonable 

cause to believe that providing immediate notification of the warrant may have an adverse result, 

as defined in 18 U.S.C. § 2705. Providing immediate notice to the subscriber or user of the Target 

Cell Phone would seriously jeopardize the ongoing investigation, as such a disclosure would give 

that person an opportunity to destroy evidence, change patterns of behavior, notify confederates, 

and flee from prosecution. See 18 U.S.C. § 3103a(b)(l). As further specified in Attachment B, 

which is incorporated into the warrant, the proposed search warrant does not authorize the seizure 

of any tangible property. See 18 U.S.C. § 3103a(b )(2). Moreover, to the extent that the warrant 

authorizes the seizure of any wire or electronic communication (as defined in 18 U.S.C. § 2510) 

or any stored wire or electronic information, there is reasonable necessity for the seizure for the 

reasons set forth above. See 18 U.S.C. § 3103a(b)(2). 

34. I further request that the Court direct the Metro PCS (T-Mobile) to disclose to the 

government any information described in Attachment B that is within the possession, custody, or 

control of Metro PCS (T-Mobile). I also request that the Court direct Metro PCS (T-Mobile) to 

furnish the government all information, facilities, and technical assistance necessary to accomplish 

the collection of the information described in Attachment B unobtrusively and with a minimum of 

interference with Metro PCS (T-Mobile) services, including by initiating a signal to determine the 

location of the target cell phone on Metro PCS (T-Mobile) network or with such other reference 

points as may be reasonably available, and at such intervals and times directed by the government. 

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The government shall reasonably compensate Metro PCS (T-Mobile) for reasonable expenses 

incurred in furnishing such facilities or assistance. 

35. I further request that the Court authorize the government to install and operate a 

cell-site simulator to obtain dialing, routing, addressing, and signaling information from the target 

cell phone to determine the location of the target cell phone. 

36. I further request that the Court authorize execution of the warrant at any time of 

day or night, owing to the potential need to locate the target cell phone outside of daytime hours. 

I further request that the Court order that all papers in support of this application, including the 

affidavit and search warrant, be sealed until further order of the Court. These documents discuss 

an ongoing criminal investigation that is neither public nor known to all of the targets of the 

investigation. Accordingly, there is probable cause to seal these documents because their 

premature disclosure may seriously jeopardize that investigation. 

Respectfully submitted, 

Subscribed and sworn to before me on this ol( day of November, 2015. 

HO ORABLE STEPH NIE K. BOWMAN 

UNITED STATES MAGISTRATE JUDGE 

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/ 
ATTACHMENT A 

Property to Be Searched 

1. The cellular telephone assigned call number 513-571-2690 (Target Telephone), whose 

wireless service provider is [-Metro PCS (T-Mobile), a wireless telephone service provider 

headquartered at 4 Sylvan Way, Parsippany, NJ 07054. 

2. Information about the location of the cellular telephone assigned call number 513-571-

2690 (Target Telephone) that is within the possession, custody, or control of Metro PCS 

(T-Mobile), including information about the location of the cellular telephone if it is 

subsequently assigned a different call number. 
ATTACHMENT B 

Particular Things to be Seized 

All information about the location of the target cell phone described in Attachment A for a 

period of thirty days, during all times of day and night. " Information about the location of the 

target cell phone" includes all available E-911 Phase II data, GPS data, latitude-longitude data, 

and other precise location information, as well as all data about which "cell towers" (i.e., antenna 

towers covering specific geographic areas) and "sectors" (i.e., faces of the towers) received a radio 

signal from the cellular telephone described in Attachment A. 

To the extent that the information described in the previous paragraph (hereinafter, 

"Location Information") is within the possession, custody, or control of Metro PCS (T-Mobile) ], 

[Metro PCS (T-Mobile) is required to disclose the Location Information to the government. In 

addition, Metro PCS (T-Mobile) must furnish the government all information, facilities, and 

technical assistance necessary to accomplish the collection of the Location Information 

unobtrusively and with a minimum of interference with Metro PCS (T-Mobile) services, including 

by initiating a signal to determine the location of the target cell phone on Metro PCS (T-Mobile) 

network or with such other reference points as may be reasonably available, and at such intervals 

and times directed by the government. The government shall compensate Metro PCS (T-Mobile) 

for reasonable expenses incurred in furnishing such facilities or assistance. In addition the 

government may initiate a signal to determine the location of the target cell phone. 

This warrant does not authorize the seizure of any tangible property. In approving this 

warrant, the Court finds reasonable necessity for the seizure of the Location Information. See 18 

U.S.C. § 3103a(b)(2).