United States v. Joseph Latu Et Al.

AO 91 (Rev.
II / II ) Criminal Complaint
UNITED STATES DISTRICT COURT ORIG INAL
FILED
rorthe
OCT 1 3 2015
Eastern District of California

United States of America
)
)
)
)
v.
)
)
)
DAVID BENNETT, and

DANIEL BENNETT
Defendant(s)
CLERK, U.S. DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA
~------~~~~--------DEPUTY CLERK
Case No.
CKD
2: 1 5 - MJ - 0 1 9 6
SEALE
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
Eastern
April 23 , 2015, to October 6, 2015,
District of
California
San Joaquin
in the
, the defendant(s) violated:
Code Section
18 U.S.C. 371
I 8 U .S.C. 922(a)(l )(A)
in the county of _
Offense Description
Conspiracy to Manufacture and Deal Firearms Without a License
Manufacturing Firearms Without a License
This criminal complaint is based on these facts:

(see attachment)
Continued on the attached sheet.
Jeny Donn, ATF Special
~gent
Printed name and title
Swom to before me and signed in my presence.
Date:
-------
October
13, 20 15
--------- --- - -
City and state:
_acr~_mento , C~------------- -------
/1/)J.._
~ LM_ ______ --------- --------------______ _Carolyn K. Delaney, U.S. Magistrate Judge

AFFIDAVIT OF ATF SPECIAL AGENT JERRY DONN IN SUPPORT OF A

CRIMINAL COMPLAINT AND ARREST WARRANTS
I, Jerry Donn, being duly sworn, hereby depose and state:
PURPOSE OF AFFIDAVIT
1. This affidavit is submitted in support of Arrest Warrants and a Criminal Complaint
charging:
a. DAVID BENNETT with violations of 18 U.S.C. 922(a)(1)(A) (manufacturing
firearms without a license) and 18 U.S.C. 371 (conspiracy to distribute and
manufacture firearms without a license); and
b. DANIEL BENNETT with violations of 18 U.S.C. 922(a)(1)(A) (manufacturing
manufacture firearms without a license).
AGENT BACKGROUND
2. I am a Special Agent (SA) with the United States Department of Justice, Bureau of
Alcohol, Tobacco, Firearms, and Explosives (ATF). I have been an ATF Special
Agent for fourteen years. Prior to working for ATF, I was employed as a Deputy United
States Marshal with the United States Marshals Service for four years. I have received
training in federal firearms laws and regulations at the ATF National Academy and
Federal Law Enforcement Criminal Investigator Training Program. I have investigated at
least one hundred cases involving federal firearms violations, involving unlawful sales,
possession, manufacturing, and transportation of firearms. I have participated in a variety
of different aspects of those investigations, including surveillance, undercover operations
to conduct controlled purchases of firearms, interviewing suspects, and the execution of
search and arrest warrants. I have been the affiant of numerous affidavits for search
warrants relating to firearms offenses.
3. I am a Federal law enforcement officer within the meaning of Rule 41(a)(2)(C) of the
Federal Rules of Criminal Procedure, that is, a federal law enforcement agent engaged in
enforcing criminal laws and authorized to request a search warrant.
4. 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 that there is sufficient probable cause for the requested warrants and
criminal complaints and does not set forth all of my knowledge about this matter.
PROBABLE CAUSE
Investigation Overview
5. Since February 2015, ATF has been conducting a joint investigation with other law
enforcement agencies concerning the unlawful sale and manufacture of firearms in the
greater Sacramento area. At various times between February 2015 and September 2015,
an undercover ATF Special Agent (the UC) met with ALGERNON TAMASOA,
JOSEPH LATU, CHARLES TUCKER, IONEL PASCAN, JOHN ORTIZ, and KEITH
WHITE, to purchase firearms from those individuals none of whom has ever had a
license to sell and/or manufacture firearms. Furthermore, many of the firearms sold to
the UC were short-barreled rifles, meaning that they barrel of the rifles sold were less
than 16 inches long. See 26 U.S.C. 5845(a)(3). Possession of a short-barreled rifle that
is not registered on the National Firearms Registration and Transfer Record is a felony
offense, in violation of 26 U.S.C. 5861(d). Neither ALGERNON TAMASOA,
JOSEPH LATU, CHARLES TUCKER, IONEL PASCAN, JOHN ORTIZ, nor KEITH
WHITE ever had a firearm registered on the National Firearms Registration and Transfer
Record in the time period relevant to this case.
6. The firearms sales that took place from February to September 2015 with the abovereferenced individuals have been detailed in a prior Criminal Complaint and supporting
affidavit, which is incorporated herein by reference and attached hereto as Exhibit A. See
Criminal Complaint and Arrest Warrants, Case No. 2:15-MJ-191-AC (filed Oct. 5, 2015).
The allegations set forth therein will not be repeated here, save for a few allegations
related to DAVID BENNETT and DANIEL BENNETT.
Attempted Sale of 50 AR-15 Type Rifles and 50 Silencers
7. In the days and weeks leading up to October 6, 2015, the UC met in person and
communicated via cellular telephone with LATU, PASCAN, and TUCKER about
purchasing unserialized, unmarked AR-15 type rifles and silencers. Specifically, the UC
arranged with LATU, PASCAN, and TUCKER to purchase from them 50 AR-15 type
rifles and 50 silencers at a deal that would take place at the Yolo County Airport on
October 6, 2015.
8. On October 6, 2015, UC met LATU, TUCKER, and PASCAN. Soon after meeting,
LATU entered the UCs vehicle while PASCAN and TUCKER stayed in LATUs pickup
truck. The UC and LATU drove in the UCs vehicle with PASCAN and TUCKER
following behind them in LATUs pickup truck. During a stop at a Shell gas station, the
UC observed a large travel bag in the bed of LATUs truck and asked TUCKER, is this
it? Based on my training and experience and knowledge of this investigation, I
understand that the UC was asking TUCKER whether the bag contained the firearms and
silencers that were the subject of the October 6, 2015, deal. TUCKER replied, one of
em, the restin the backseat. The UC, LATU, TUCKER, and PASCAN then discussed
how the firearms deal would transpire after they arrived at the Yolo County Airport.
9. Shortly thereafter, the UC and LATU entered the UCs vehicle. LATU and the UC
discussed where the 50 firearms and 50 silencers would go after the deal at the Yolo
County Airport. LATU then told the UC that fourteen more rifles would be available
around Friday, October 16th. Later, the UC asked LATU if TUCKER had talked to
DAVID BENNETT. LATU told the UC TUCKER had been in touch with BENNETT.
10. Shortly after the UC, LATU, TUCKER, and PASCAN arrived at the Yolo County
Airport, LATU, TUCKER, and PASCAN showed the UC the 50 AR-15 type rifles and
50 silencers that was the subject of the deal. Minutes later, law enforcement authorities
arrested LATU, TUCKER, and PASCAN pursuant to previously issued arrest warrants,
see Case No. 2:15-MJ-191-AC (filed Oct. 5, 2015), and seized the 50 AR-15 type rifles
and 50 silencers.
Photo 1 Fifty AR-15 type short-barreled rifles and fifty silencers brought by LATU, TUCKER, and PASCAN
11. Also on October 6, 2015, law enforcement authorities executed search warrants at the
residences of LATU, PASCAN, TUCKER, WHITE, DAVID BENNETT, and DANIEL
BENNETT, and at the work locker of DAVID BENNETT. See Case No. 2:15-SW-558AC; Case No. 2:15-SW-559-AC; Case No. 2:15-SW-560-AC; Case No. 2:15-SW-561AC; Case No. 2:15-SW-562-AC; Case No. 2:15-SW-563-AC. DAVID and DANIEL
BENNETT reside at the same residence, although DAVID BENNETT lives in a trailer
located on the property and DANIEL BENNETT lives in the main house. During
execution of the search warrant at the residence of DANIEL BENNETT and DAVID
BENNETT, law enforcement located 14 James Madison brand lower receiver boxes; 26
Palmetto State Armory brand lower receiver boxes; 18 parts kits; 17 James Madison
Tactical boxes; and a table drill press capable of machining firearms parts. James
Madison and Palmetto State Armory are companies that manufacture and sell firearms
parts and components.
October 6, 2015, Interview with Daniel BENNETT
12. On October 6, 2015, ATF agents executed a search warrant at the residence of DAVID
and DANIEL BENNETT, 124 S Tulsa Avenue, Stockton, California 95215. During the
search warrant execution, an ATF Special Agent interviewed Daniel BENNETT. The
agent asked Daniel BENNETT who had the idea of manufacturing AR-15 type rifles.
Daniel BENNETT replied, Charles TUCKER. Daniel BENNETT also informed the
agent that Joe (likely referring to Joseph LATU) worked with TUCKER to provide the
AR-15 type rifles. When asked whose idea it was to manufacture rifles Daniel
BENNETT said, Charles.
13. Daniel BENNETT then told the agent that TUCKER asked Daniel BENNETT to mill
out the lowers and further explained that TUCKER paid Daniel BENNETT $200 for
each firearm that Daniel BENNETT milled. Based on my training and experience and
knowledge of this investigation, I know that the phrase mill out the lowers and the term
milled refer to the process of creating a cavity in the AR-15 blank that allows for the
placement of internal parts and the attachment of upper and lower receivers and that this
process allows for the manufacture of a complete firearm from constituent parts.
14. Daniel BENNETT also told the agent that he had manufactured two AR-15 type rifles
sometime in September and that last time he manufactured a rifle was a week or two ago.
Daniel BENNETT also explained that TUCKER brought him unfinished lower receivers
specifically, TUCKER brought him twenty-five unfinished lower receivers and twentyfive upper receivers approximately two weeks ago. Daniel BENNETT further explained
how he was supposed to receive $5,000 from TUCKER for manufacturing twenty-five
AR-15 type rifles. When asked by the agent whether he knew how to completely
assemble an AR-15 type rifle, Daniel BENNETT indicated that he did. Daniel
BENNETT then explained that he manufactured all of the James Madison lowers.
(Based on my training and experience, I know that James Madison is a company that
manufactures and sells unfinished lower receivers.) Daniel BENNETT told the agent that
TUCKER had shown him a box containing approximately five silencers a couple weeks
ago and that he thought TUCKER would be selling the silencers but did not know who
he was selling them to.
15. Daniel BENNETT also informed the agent that his brother David BENNETT did not
have any involvement in the manufacturing of the firearms.
October 6, 2015, Interview with David BENNET
16. Later, the same agent interviewed David BENNETT. The ATF agent told David
BENNETT that several firearm parts boxes had been found by the rear of the main
residence on the property. David BENNETT told the agent that he was familiar with the
boxes but that he did not know why the firearm parts had been collected. David
BENNETT asked the agent if the investigation involved TUCKER and if TUCKER had
tried to sell the firearms. The agent replied in the affirmative. David BENNETT then told
the agent that TUCKER had ordered the firearm parts using David BENNETTs credit
card.
17. David BENNETT then told the agent that he was not aware of TUCKER selling firearms,
nor was he aware of the parts that were ordered by TUCKER using his (David
BENNETTs) credit card. David BENNETT further explained that TUCKER had told
him that the firearms were for personal use. David BENNETT told the agent that
TUCKER gave him (David BENNETT) $7,400 for the firearms parts and that he (David
BENNETT) had ordered the firearm parts for TUCKER.
18. David BENNETT explained that he did not know how many times TUCKER had used
his (David BENNETTs) credit card to purchase firearm parts and he (David BENNETT)
did not know who TUCKER would sell firearms to. David BENNETT also explained to
the agent that TUCKER had used his (BENNETTs) credit card to purchase firearm parts
approximately one month ago from three separate vendors and that the purchases were
mailed to David BENNETT because the purchases were made from David BENNETTs
credit card.
19. David BENNETT also informed the agent that he had a couple AR-15 type rifles
derived from an unfinished lower receiver, including one .308 caliber rifle.1 David
BENNETT also told the agent that he did not know which part of the residence contained
the aforementioned firearms and/or parts and that he was unaware of his brother, Daniel
BENNETTs, involvement in manufacturing AR-15 type rifles. David BENNETT also
told the agent that he specifically asked TUCKER if the 10-15 unfinished lower receivers
1
A 308, also called an AR-10, is a different model firearm than an AR-15 and fires larger, .308 caliber
ammunition, which is different from the ammunition fired by an AR-15.
were for TUCKER and if TUCKER was going to build the AR-15 type rifles to do your
own thing with them.
20. The agent then asked David BENNETT if he knew Joe (referring to LATU). David
BENNETT said that he knew LATU and that LATU had visited BENNETTs residence
approximately four times. David BENNETT also told the agent that he did not believe
TUCKER owned any firearms. David BENNETT continued to tell the agent that he
believed TUCKER was a prohibited person who was prohibited by law from owning
firearms.
21. After the interview, the interviewing agent asked David BENNETT for his cellular
telephone. David BENNETT reached into his pocket and handed a cellular telephone to
the agent. At that point, David BENNETT told the agent that he sometimes allowed
TUCKER to use his cell phone to send text messages.
October 6, 2015, Post-Arrest Interview with Joseph LATU
22. On October 6, 2015, an ATF agent and a West Sacramento Police officer conducted an
interview with LATU. The LATU interview contradicted much of what Daniel
BENNETT and David BENNETT told the interviewing ATF agent earlier that same day.
23. LATU told the interviewers that he had been selling firearms for approximately 6 or 7
months. When asked about an individual who worked for San Joaquin Sheriffs
Department, LATU told the ATF agent that the individuals name was Dannie
(referring to Daniel BENNETT). LATU told the ATF agent that LATU met Daniel
BENNETT through TUCKER. LATU continued to tell the ATF agent that Daniel
BENNETT assembled two of the AR-15 type rifles. The ATF agent asked LATU about
transactions that occurred on April 23, 2015 and April 30, 2015. LATU told the ATF
agent that the rifles purchased on those dates came from Daniel BENNETT and David
BENNETT. LATU told the ATF agent that David BENNETT was the individual who
ordered the firearm parts and Daniel BENNETT was the individual who assembled the
AR-15 type rifles. LATU specifically said that the AR-15 type rifle purchased on April
30th belonged to Daniel BENNETT. LATU clarified for the ATF agent that David
BENNETT ordered the firearm parts for Daniel BENNETT and TUCKER.
24. LATU then explained to the ATF agent that TUCKER had previously told him (LATU)
that he (TUCKER) and Daniel BENNETT could manufacture AR-15 type rifles from
unfinished lower receivers. LATU then explained to the ATF agent that TUCKER had
told him (LATU) that Daniel BENNETT mills and builds lower receivers. When the
West Sacramento officer asked LATU if Daniel BENNETT had been manufacturing AR15 type rifles prior to meeting LATU, LATU replied in the affirmative.
25. LATU then told the ATF agent that David BENNETT was a member of Palmetto
(referring to the business, Palmetto State Armory). The ATF agent asked LATU if David
BENNETT was aware of what TUCKER, LATU and PASCAN were doing. LATU
replied in the affirmative. The ATF agent then asked LATU if David BENNETT was
aware that the firearms parts were being ordered to manufacture AR-15 type rifles and
that those manufactured AR-15 rifles were to be sold. LATU again replied in the
affirmative. The ATF agent asked LATU to ensure that David BENNETT clearly knew
that the AR-15 type rifles were being manufactured in order to be sold. Again, LATU
replied in the affirmative.
26. LATU then explained to the ATF agent that the profits from the sales of the firearms
would be split between LATU, TUCKER, PASCAN, and the BENNETTs (David and
Daniel) as follows: on a single AR-15 type rifle that sold for $1,800, LATU received
$600, PASCAN received $200, Daniel BENNETT received $200, and TUCKER
received $200 plus an additional $600 to order additional firearm parts. LATU told the
ATF agent that on a single $1,000 silencer LATU received $400, PASCAN received
$200, and TUCKER received $400. LATU was unaware how much money David
BENNETT received from TUCKER. LATU told the ATF agent that of the fifty AR-15
type rifles that were part of the October 6, 2015, deal, Daniel BENNETT had
manufactured half of the AR-15 type rifles.
Forensic Analysis on David BENNETTs Cell Phone
27. The information provided on this criminal complaint is only a summary and/or a
highlight of the information retrieved from David BENNETTs cell phone. Further
analysis on the cell phone will be conducted.
April 23, 2015, AR-15 Type Rifle Sold to the UC
28. On April 23, 2015, the UC purchased an AR-15 type rifle from LATU for $1,900. During
the transaction, LATU told the UC that the source could also manufacture AR-15 rifles as
short-barreled rifles. LATU also told the UC that his source wanted money first, in order
to build the AR-15 rifles. LATU told the UC that his sources friend was the one that was
manufacturing the firearms and that the AR-15 rifle the UC was purchasing that day
(April 23, 2015) came from the sources personal inventory.
29. The AR-15 type rifle sold to the UC on April 23, 2015, contained parts and/or accessories
that made it look unique for example, it contained a pop-out bi-pod fore grip, canted
front and rear sights, and a magazine well grip. During the forensic analysis of David
BENNETTs cellular phone, conducted after the October 6, 2015, seizure of the phone,
law enforcement recovered multiple photos of an AR-15 type rifle with the same unique
parts and accessories as the rifle purchased by the UC on April 23, 2015.
Photo 2 the UC purchase on April 23, 2015
Photo 3 photos of AR-15 type rifle recovered from David BENNETTs phone
30. Furthermore, forensic analysis of David BENNETTs cellular telephone indicates that on
April 24, 2015, the day after the purchase described above, David BENNETT and
TUCKER (who used telephone number 209-403-6223) communicated via text message.
During a series of text messages from 8:01:52 p.m. to 10:35:57 p.m., TUCKER and
David BENNETT discussed selling a firearm owned by David BENNETT. During those
conversations, David BENNETT expressed concern about having a registered and
serialized lower receiver on a firearm that would be sold. The following is the
communication between David BENNETT and TUCKER:
From:
+12094036223
Charles
4/24/2015
8:01:52 PM
I'm still waiting to hear back from jo if dude wants urs
From:
+12094036223
Charles
4/24/2015
9:28:27 PM
Bring ur gun over at 130
To:
+12094036223
Charles
To:
+12094036223
Charles
To:
+12094036223
Charles
From:
+12094036223
Charles
4/24/2015
9:52:46 PM
Ok
4/24/2015
9:52:58 PM
Tomorrow
4/24/2015
9:53:12 PM
Or like 130 in morning
4/24/2015
9:53:19 PM
Let me know a price
From:
+12094036223
Charles
4/24/2015
9:53:21 PM
130
To:
+12094036223
Charles
To:
+12094036223
Charles
From:
+12094036223
Charles
4/24/2015
9:55:34 PM
1700
4/24/2015
9:55:45 PM
And 130 in morning?
4/24/2015
9:56:10 PM
Let me c what he says and yes!
To:
+12094036223
Charles
To:
+12094036223
Charles
From:
+12094036223
Charles
4/24/2015
9:56:22 PM
Holy shit ok
4/24/2015
10:22:45
PM
Wat money
4/24/2015
10:23:17
PM
For the toy puta
To:
+12094036223
Charles
To:
+12094036223
Charles
To:
+12094036223
4/24/2015
10:23:43
PM
I'm so lost
4/24/2015
10:23:47
PM
Lol
4/24/2015
10:24:55
PM
So you sold my "toy"2
Toy is a street terminology for firearm or gun.
Charles
To:
+12094036223
Charles
To:
+12094036223
Charles
From:
+12094036223
Charles
4/24/2015
10:35:05
PM
My gun has a registerd lower on it
4/24/2015
10:35:24
PM
I am going to have to put donnies lower on it
4/24/2015
10:35:27
PM
Wtf. Change it!
April 30, 2015, AR-15 Type Rifle Sold to the UC

31. On April 30, 2015, after arranging with LATU to meet him for the purpose of purchasing
a firearm, the UC met LATU and purchased one unserialized, unmarked AR-15 type rifle
for $1,900. During the transaction, LATU told the UC that the rifle was owned by his
Stockton source. LATU also told the UC that the Stockton source was pleased that the
UC was a serious buyer and had decided to sell the UC his personal rifle while he
manufactured the next AR-15 type rifle for the UC to purchase. The photo below is a
picture of the firearm purchased on April 30th.
32. After analyzing David BENNETTs cellular telephone, law enforcement authorities
discovered a photograph on the telephone depicting a firearm similar to the AR-15 type
rifle purchased on April 30th. Notably, many of the component parts appear to be the
same tan color for both the firearm pictured on BENNETTs cellular telephone and for
the firearm sold to the UC on April 30th.
Photo 3 photos of AR-15 type rifle recovered from David BENNETTs phone
33. Furthermore, on August 29, 2015, the UC met with LATU, TUCKER, and PASCAN.
During the meeting, TUCKER indicated that the tan rifle sold to the UC during an earlier
transaction had been provided by David BENNETT. Based on my training, experience,
knowledge of this investigation, the pictures on David BENNETTs cellular telephone,
TUCKERs statements, LATUs statements during the April 30 transaction, I believe that
David BENNETT manufactured and provided the firearm sold to the UC on April 30,
2015.
June 11, 2015, AR-15 Type Rifle Sold to the UC

34. On June, 11, 2015, LATU met the UC and sold him two AR-15 type rifles for $4,000.
One of the two rifles was a short-barreled rifle, as defined by 26 U.S.C. 5845(a)(3),
possession of which, when such a rifle is unregistered, is a felony offense and a violation
of 26 U.S.C. 5861(d).
Photo 4 UC purchase on June 11, 2015
35. Also on June 11, 2015, after LATUs transaction with the UC was complete, David
BENNETT and TUCKER communicated via text message. The following is a verbatim
account of the text message communications between David BENNETT and TUCKER
between 5:20:30 p.m. and 5:26:10 p.m.:
To:
+12094036223
Charles
From:
+12094036223
Charles
6/11/2015
5:20:30 PM
Yo
6/11/2015
5:22:41 PM
Who am I paying to build the baby AR u or Daniel?
To:
+12094036223
Charles
To:
+12094036223
Charles
6/11/2015
5:23:44 PM
Dannie mills it out and I put it all together
6/11/2015
5:24:02 PM
So we will split it nigga
From:
+12094036223
Charles
6/11/2015
5:25:39 PM
Fasho. Joe just picked up the green one this morning
To:
+12094036223
Charles
To:
+12094036223
Charles
From:
+12094036223
Charles
6/11/2015
5:25:55 PM
Swee
6/11/2015
5:25:57 PM
6/11/2015
5:26:04 PM
Should get paid tonight or tomorrow
To:
+12094036223
Charles
6/11/2015
5:26:10 PM
Ok
36. Based on my training, experience, and knowledge of this investigation, and based on the
text message communications between David BENNETT and TUCKER on June 11,
2015, I believe that David BENNETT and Daniel BENNETT milled out, assembled, and
ultimately manufactured the two AR-15 type rifles sold to the UC on June 11, 2015.
July 17, 2015, One AR-15 Type Rifle Sold to the UC
37. On July 17, 2015, at approximately 2:30 p.m., LATU sold the UC an AR-15 type rifle
and a silencer for a total of $3,200. During the transaction, LATU indicated that he had
two sources of supply in Stockton one person who would order the firearms, silencer
parts, and components and a second person who manufactured and assembled the AR-15
type rifles and silencers. After the transaction, agents measured the barrel-length of the
rifle and determined that it was a short-barreled rifle, which is illegal to possess unless it
is registered on the National Firearms Registration and Transfer Record, in violation of
26 U.S.C. 5861(d).
Photo 5 UC purchase on July 17, 2015
38. Forensic analysis of David BENNETTs cellular telephone reveals that David BENNETT
and TUCKER communicated via text message on July 17, 2015, both before and after
LATU sold the firearm to the UC. The following details the text message communication
between David BENNETT and TUCKER on July 17, 2015:
From:
+12094036223
Charles
7/17/2015
1:57:19 PM
U talk to ur buddy yet
To:
+12094036223
Charles
From:
+12094036223
Charles
7/17/2015
2:07:40 PM
Yeah he is going to bring it by today
7/17/2015
5:55:03 PM
1300 joe will drop off on his way to work 800 for the toy 2 to
Dannie and 1 to assemble
From:
+12094036223
Charles
7/17/2015
5:55:03 PM
U talk to Mike?
From:
+12094036223
Charles
7/17/2015
5:55:04 PM
1100 sorry lol
July 22, 2015, Text Messages Between David BENNETT and LATU About Manufacturing
Firearms
39. On July 22, 2015, David BENNETT and LATU (using phone number 916-385-1447)
engaged in a series of text messages related to manufacturing firearms for sale. Based on
my training, experience, and knowledge of this investigation, I believe that during the
conversation, David BENNETT asked LATU about getting money from the UC up front
and using the up-front funds to purchase additional parts that would be assembled to
create firearms that could be sold to the UC at a later date. The following is the
communication between David BENNETT and LATU:
To:
+19163851447
To:
+19163851447
From:
+19163851447
To:
+19163851447
7/22/2015
9:29:12 PM
7/22/2015
9:33:45 PM
My brother wanted to know if getting cash up front was

possible to get the ball running
Or is that outta the question
7/22/2015
9:35:08 PM
Let me check the funds first k
7/22/2015
9:38:44 PM
This is what he is thinking and wanting to do is get the money

for one gun up front then making two and giving them to you
and you only having to give him the money for one then he
will
have
enough
to
start
Pumping them out
To:
+19163851447
To:
+19163851447
7/22/2015
9:42:21 PM
7/22/2015
9:42:39 PM
Or now that I think about it if you give him half I'll give him
the other half
He said he can pump them out fast lol
August 12, 2015, David BENNETT Asks If the UC Would Buy an AR-10
40. On August 12, 2015, David BENNETT and TUCKER communicated via text message.
Based on my training, experience, and knowledge of this investigation, I believe that
David BENNETT asked TUCKER if the UC would be interested in purchasing an AR-10
type rifle. David BENNETTs interest in selling an AR-10 rifle, which is also called a
308 because of the caliber ammunition that an AR-10 type rifle fires, comports with the
statement BENNETT gave to the ATF agent on October 6, 2015, when he indicated that
he had made a .308 caliber rifle.
41. The following details the text message communications between David BENNETT and
LATU on August 12, 2015:
To:
+12094036223
Charles
From:
+12094036223
Charles
8/12/2015
9:05:18 PM
How much would that guy pay for a 308 ar10
8/12/2015
9:07:21 PM
I'm not too sure on a long range rifle
To:
+12094036223
Charles
From:
+12094036223
Charles
8/12/2015
9:07:33 PM
Find out nigga
8/12/2015
9:08:00 PM
Fasho
From:
+12094036223
Charles
8/12/2015
9:27:40 PM
He said he's not sure about the 308 but he'll ask he said to give
him a # on a launcher he wants to show dude
To:
+12094036223
Charles
From:
+12094036223
Charles
8/12/2015
9:28:17 PM
Ok
8/12/2015
9:30:30 PM
Asap nigga
42. Subsequently, on August 20, 2015, when LATU was meeting with the UC to sell him
five AR-15 type rifles and five silencers, LATU asked the UC if he was interested in
purchasing AR-10 type rifles. The UC told LATU that AR-10s were not as marketable
because they were significantly larger in size, so he did not want to purchase any AR-10
type rifles. During the same conversation, LATU and the UC discussed the possibility of
a deal involving a grenade launcher. The UC also asked LATU about David BENNETT.
LATU told the UC that BENNETT was still comfortable with manufacturing rifles, but
that because of his schedule BENNETT would only be able to manufacture one or two
rifles at a time.
August 15, 2015, David BENNETT and TUCKER Discuss the Cost of Firearm Parts
43. On August 15, 2015, David BENNETT and TUCKER communicated via text message.
Based on my training, experience, and knowledge of this investigation, especially the
James Madison brand firearms component boxes found at the residence of Daniel
BENNETT and David BENNETT, I believe that TUCKER and David BENNETT were
discussing the price for unfinished lower receivers, which they used to build firearms that
were then sold to the UC. The following details the text message communications
between David BENNETT and TUCKER on August 15, 2015:
From:
+12094036223
Charles
8/15/2015
4:05:01 PM
Holy crap
To:
+12094036223
Charles
To:
+12094036223
Charles
To:
+12094036223
Charles
From:
+12094036223
Charles
8/15/2015
4:05:17 PM
Lol
8/15/2015
4:05:58 PM
You don't like James Madison
8/15/2015
4:06:01 PM
:-(
8/15/2015
4:06:40 PM
I do just thinking cheap
From:
+12094036223
Charles
8/15/2015
4:06:47 PM
How much r lower build kits normally
To:
+12094036223
Charles
From:
+12094036223
Charles
8/15/2015
4:09:30 PM
Lower build kits 69-79
8/15/2015
4:10:44 PM
Cheapest
To:
+12094036223
Charles
From:
+12094036223
Charles
8/15/2015
4:15:07 PM
Right now
8/15/2015
4:15:53 PM
Shipping?
From:
+12094036223
Charles
8/15/2015
4:19:04 PM
Wtf what I buy 5
To:
+12094036223
Charles
From:
+12094036223
Charles
8/15/2015
4:19:14 PM
Lol I dunno
8/15/2015
4:21:22 PM
Mutha fucker
To:
+12094036223
Charles
To:
+12094036223
Charles
To:
+12094036223
Charles
8/15/2015
4:24:42 PM
12 dollars for five
8/15/2015
4:24:59 PM
Total 411.95
8/15/2015
4:29:03 PM
34.99 shipping on five lowers
September 9, 2015, David BENNETT and TUCKER Discuss Firearms Parts and Selling
Firearms to the UC
44. On September 9, 2015, TUCKER and David BENNETT communicated via text message.
Based on my training, experience, and knowledge of this investigation, I believe
TUCKER and David BENNETT discussed the purchase of firearm parts, which they
were planning on using to build firearms that they would then sell to the UC. The
following details the text message communications between David BENNETT and
TUCKER on September 9, 2015:
To:
+12094036223
Charles
To:
+12094036223
Charles
From:
+12094036223
Charles
9/9/2015
1:42:29 PM
Palamer lowers
9/9/2015
1:43:59 PM
How much
9/9/2015
1:45:26 PM
200 a piece 25 of em
To:
+12094036223
Charles
From:
+12094036223
Charles
9/9/2015
1:50:50 PM
What lowers you going with
9/9/2015
1:54:12 PM
Polymer 80
To:
+12094036223
Charles
From:
+12094036223
Charles
9/9/2015
2:04:13 PM
Can you order like five of them with the jig
9/9/2015
2:12:22 PM
O yeah
To:
+12094036223
Charles
To:
+12094036223
Charles
9/9/2015
2:25:19 PM
When are the lowers going to be here
9/9/2015
2:25:21 PM
Lol
From:
+12094036223
Charles
9/9/2015
2:26:08 PM
Ordering em on Tuesday
From:
+12094036223
Charles
9/9/2015
2:29:35 PM
We're still doing the normal 5 a week also
From:
+12094036223
Charles
9/9/2015
2:32:42 PM
I told *****3 were going to have Daniels 2 by Tuesday also
October 6, 2015, David BENNETT and TUCKER Exchange Text Messages During Deal
for 50 AR-15 Type Rifles and 50 Silencers
45. On October 6, 2015, TUCKER and David BENNETT communicated via text message.
Based on my training, experience, and knowledge of this investigation, the text message
communications between TUCKER and David BENNETT indicate that David
BENNETT was involved in manufacturing and selling the AR-15 type rifles intended to
be sold to the UC on October 6, 2015. During the text messages, TUCKER told David
BENNETT the license plate of the UC vehicle, and a description of the events that would
take place once arriving at the Yolo County Airport. The following is the communication
between David BENNETT and TUCKER:
From:
+12094036223
Charles
10/6/2015
9:59:26 AM
No butterflys at all
From:
+12094036223
Charles
10/6/2015
10:30:54 AM
Ok butterflies r in full effect. Joe stresses me out
To:
+12094036223
Charles
From:
+12094036223
Charles
10/6/2015
10:32:21 AM
Lol
10/6/2015
11:28:07 AM
*******4
From:
+12094036223
Charles
10/6/2015
11:28:21 AM
*******5 plate #
To:
+12094036223
Charles
From:
+12094036223
Charles
10/6/2015
11:28:31 AM
Ok how's it going
10/6/2015
11:30:09 AM
Headed to Davis airport. He said we drive in the hanger first

he'll come in behind us. Only thing I don't like off the bat
Name redacted to protect identity of undercover ATF Special Agent.
License plate number of undercover ATF Special Agents vehicle redacted.
Name redacted to protect identity of undercover ATF Special Agent.
From:
+12094036223
Charles
10/6/2015
11:30:56 AM
Yup
To:
+12094036223
Charles
10/6/2015
11:31:03 AM
Lol
REQUEST TO SEAL
46. This criminal investigation is ongoing. Disclosure of the contents of this Affidavit at this
time could seriously impede the continuing investigation and potential prosecution by
prematurely disclosing the details of the United States investigation. This could
potentially cause subjects of the investigation to flee, destroy evidence, or intimidate and
attempt to corruptly influence potential witnesses in the case. Also, potential
interviewees would be able to identify specific subjects of the investigation and could
fabricate responses in order to avoid possible criminal liability. Accordingly, I
respectfully request that the Court issue an order sealing this search warrant application
and Affidavit until further order of this Court, with the exception that copies of the search
warrant will be left at the scene of each search location and copies will be used by law
enforcement as part of the execution of these search warrants and the continuing
investigation.
[Remainder of page intentionally left blank.]
(".
'
.
CONCLUSION
47. Based on the foregoing facts set forth in this Affidavit and in the Affidavit attached
hereto as Exhibit A, I believe there is probable cause to support the issuance of arrest
warrants and criminal complaints charging:
'
a. DAVID BENNETT with violations of 18 U.S.C. 922(a)(l)(A) (manufacturing
manufacture firearms without a license); and
b. DANIEL BENNETT with violations of 18 U.S.C. 922(a)(l)(A) (manufacturing
manufacture firearms without a license).
I swear, under the penal of perjury, that the foregoing information is true and correct to the best
of my knowled , ormat1 n, and belief.
A F Special Agent
Sworn and Subscribed to me on October/J, 2015,
Hon. CAROLYN K. DELANEY

United States Magistrate Judge
Approved as to form:
CHRISTIAAN HI
Assistant United States Attorney
Case 2:15-mj-00191-
Page 1 of 81
UNITED
T
for the
ocro.5
Eastern District of California

)
)
United States of America
v.
)
)
)
)
)
)
DePUTY CLERK
~-------~~~--------
Case No.
JOSPEH LATU,
ALGERNON TAMASOA,
JOHN ORTIZ,
CHARLES TUCKER,
IONEL PASCAN, and
KEITH WHITE
LED
2: 1 5 - MJ - 1 9 1
AC
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
Eastern
District of
Code Section
18 U.S.C. 922(a)(1)(A)
26 U.S.C. 5861 (f), (i)
18 U.S.C. 371
21 U.S. C. 841 (a)( I)
February 6 to September 28, 20 15
California
-----------
in the counties
of
Sacramento and Yolo
in the
, the defendant( s) violated:
Offense Description
Dealing firearms without a license
Unlawful manufacture of a firearm, possession of an unserialized firearm
Conspiracy to deal, manufactUre, and possess unserialized frrearms
Distribution of MDMA
This criminal complaint is based on these facts:

(see attachment)
Continued on the attached sheet.
Complainant's signature
Jerry D~~n, Special Age~!_______

Sworn to before me and signed in my presence.
Date: __
ID /lf /IC
--- - - - - -
-------------
Judge's signature
City and state:
Allison Claire, U.S.
--------
~~gistrate
Judge
Affidavit of ATF Special Agent Jerry Donn

Table of Contents
Purpose............................................................................................................................................ 3
Agent Background .......................................................................................................................... 4
Investigation Overview ................................................................................................................... 4
Technical Background .................................................................................................................... 6
Statement of Probable Cause ........................................................................................................ 14
A.
February 6, 2015 LATU and TAMASOA Sell One Rifle .......................................... 14
B.
February 9, 2015 LATU and TAMASOA Sell One Rifle and One Pistol .................. 16
C.
February 27, 2015 TAMASOA Sells One Rifle ........................................................ 17
D.
March 5, 2015 LATU Sells Two Revolvers and One Pistol ....................................... 18
E.
March 11, 2015 UC Meeting with LATU and TAMASOA ....................................... 19
F. March 19, 2015 TAMASOA Sells Two Rifles ............................................................... 20

G.
April 3, 2015 TAMASOA Sells 1,300 Ecstasy Pills.................................................. 21
H.
April 8, 2015 TAMASOA Sells One Rifle ................................................................. 23
I.
April 23, 2015 LATU Sells One AR-15 Type Rifle ....................................................... 23
J.
April 30, 2015 LATU Sell One AR-15 Type Rifle ........................................................ 24
K.
May 15, 2015 TAMASOA, ORTIZ, and WHITE Sell Two AR-15 Type Rifles ....... 25
L.
May 17, 2015 UC Meeting with LATU ...................................................................... 26
M.
May 27, 2015 TAMASOA Sells Two AR-15 Type Rifles ......................................... 27
N.
June 1, 2015 LATU Sells One Rifle, Four Pistols, and One Revolver ....................... 28
O.
June 11, 2015 LATU Sells Two AR-15 Type Rifles .................................................. 30
P. July 17, 2015 LATU Sells an AR-15 Type Rifle and Silencer ....................................... 30
Q.
July 20, 2015 LATU Sells Two AR-15 Type Rifles and One Silencer ...................... 32
R.
July 28, 2015 LATU Sells Three AR-15 Type Rifles and Three Silencers ................ 32
S. August 4, 2015 LATU Sells Four AR-15 Type Rifles and Five Silencers ..................... 35
T.
August 11, 2015 LATU Sells One AR-15 Type Rifle and Four Silencers ................. 37
U.
August 11, 2015 LATU Travels to TUCKERs Residence and then to BENNETTs
Residence .................................................................................................................................. 39
V.
August 19, 2015 GPS Tracker Data Indicates That LATU was at BENNETTs
Residence .................................................................................................................................. 39
W. August 20, 2015 LATU Sells Three Rifles, Two Short-Barreled Rifles, and Five
Silencers .................................................................................................................................... 39
X.
August 27, 2015 LATU Sells Two Rifles, One Short-Barreled Rifle, and Three
Silencers .................................................................................................................................... 41
Y.
August 29, 2015 The UC Meets With LATU, TUCKER, and PASCAN .................. 42
Z.
September 1, 2015 LATU, TUCKER, PASCAN Sell Three Rifles, One ShortBarreled Rifle, Five AR-15 Type Pistols, and Two Silencers .................................................. 42
AA. September 8, 2015 LATU Sells Five Short-Barreled AR-15 Type Rifles .................. 43
BB. September 15, 2015 LATU and TUCKER Sell Five Short-Barreled AR-15 Type
Rifles and Five Silencers .......................................................................................................... 44
CC.
September 16, 2015 LATU Sells Eight Silencers ....................................................... 45
DD. September 28, 2015 LATU Sells Five AR-15 Type Rifles and One Silencer ............ 46
EE.
Cellular Telephone Pen Register Analysis Connects BENNETT to the Conspiracy .... 47
Law Enforcement Establishes the Addresses of LATU, TUCKER, PASCAN, BENNETT, and
WHITE .......................................................................................................................................... 48
FF.
LATUs Residence is 9166 Aegina Court, Elk Grove, California ................................. 48
GG. TUCKERs Residence is 220 N Patton Avenue, Stockton, California .......................... 49

HH. PASCANs Residence is 2825 Donner Trail Court, Riverbank, California .................. 49
II.
BENNETTs Residence is 124 S Tulsa Avenue, Stockton, California .......................... 49
JJ.
WHITEs Residence is 301 Brunswick Drive, Vallejo, California................................ 50
Probable Cause To Search BENNETTs Work Lockers, #405 & #406 ....................................... 50
Training and Experience Related to Firearms Trafficking ........................................................... 51
Request to Seal .............................................................................................................................. 56
Conclusion .................................................................................................................................... 56
I, Jerry Donn, being duly sworn, hereby depose and state:
Purpose
1. This Affidavit is submitted in support of Arrest Warrants and a Criminal Complaint
charging:
a. Joseph LATU with violations of 18 U.S.C. 922(a)(1)(A) (dealing firearms
without a license); 26 U.S.C. 5861(f) (unlawful manufacturing of a firearm); 26
U.S.C. 5861(i) (possession of an unserialized firearm); and 18 U.S.C. 371
(conspiracy to commit the foregoing offenses);
b. Algernon TAMASOA with violations of 18 U.S.C. 922(a)(1)(A) (dealing
firearms without a license), 18 U.S.C. 371 (conspiracy to deal firearms without
a license), and 21 U.S.C. 841(a)(1) (distribution of MDMA);
c. John ORTIZ with violations of 18 U.S.C. 922(a)(1)(A) (dealing firearms
without a license) and 18 U.S.C. 371 (conspiracy to deal firearms without a
license);
d. Charles TUCKER with violations of 18 U.S.C. 922(a)(1)(A) (dealing firearms
(conspiracy to commit the foregoing offenses)
e. Ionel PASCAN with violations of 18 U.S.C. 922(a)(1)(A) (dealing firearms
(conspiracy to commit the foregoing offenses); and
f. Keith WHITE with violations of 18 U.S.C. 922(a)(1)(A) (dealing firearms
license).
2. Further, this Affidavit is submitted because probable cause exists to believe that the
following residences contain evidence, fruits, proceeds, or instrumentalities, as described
in Attachment B hereto, of violations of 18 U.S.C. 922(a)(1)(A) (unlawful dealing in
firearms); 26 U.S.C. 5861(f) (unlawful manufacturing of a firearm); 26 U.S.C.
5861(i) (possession of an unserialized firearm); and/or 18 U.S.C. 371 (conspiracy to
commit the foregoing offenses). Accordingly, this Affidavit is offered in support of
search warrants for:
a. 9166 Aegina Court, Elk Grove, California 95822 (the residence of Joseph LATU),
as further described in Attachment A-1.
b. 220 N Patton Avenue, Stockton, California 95215 (the residence of Charles

TUCKER), as further described in Attachment A-2.
c. 2825 Donner Trail Court, Riverbank, California 95367 (the residence of Ionel
PASCAN), as further described in Attachment A-3.
d. 124 S Tulsa Avenue, Stockton, California 95215 (the residence of David
BENNETT), as further described in Attachment A-4.
e. 301 Brunswick Drive, Vallejo, California (the residence of Keith WHITE), as
further described in Attachment A-5.
f. San Joaquin County Jail Correctional Officer Lockers #405 & #406 (the personal
lockers of David BENNETT), as further described in Attachment A-6.
Agent Background
3. I am a Special Agent (SA) with the United States Department of Justice, Bureau of
Alcohol, Tobacco, Firearms, and Explosives (ATF). I have been an ATF Special
Agent for fourteen years. Prior to working for ATF, I was employed as a Deputy United
States Marshal with the United States Marshals Service for four years. I have received
training in federal firearms laws and regulations at the ATF National Academy and
Federal Law Enforcement Criminal Investigator Training Program. I have investigated at
least one hundred cases involving federal firearms violations, involving unlawful sales,
possession, manufacturing, and transportation of firearms. I have participated in a variety
of different aspects of those investigations, including surveillance, undercover operations
to conduct controlled purchases of firearms, interviewing suspects, and the execution of
search and arrest warrants. I have been the affiant of numerous affidavits for search
warrants relating to firearms offenses.
4. I am a Federal law enforcement officer within the meaning of Rule 41(a)(2)(C) of the
Federal Rules of Criminal Procedure, that is, a federal law enforcement agent engaged in
enforcing criminal laws and authorized to request a search warrant.
5. 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 that there is sufficient probable cause for the requested warrants and
criminal complaints and does not set forth all of my knowledge about this matter.
Investigation Overview
6. Since February 2015, ATF has been conducting a joint investigation concerning the
unlawful sale and manufacture of firearms in the greater Sacramento area. Since
February 2015, undercover law enforcement officers have conducted controlled
purchases of approximately one thousand three hundred ecstasy pills, sixteen

commercially manufactured firearms, forty-seven unlawfully-manufactured firearms, and
thirty-seven unlawfully-manufactured silencers.
7. The initial investigation focused on ALGERNON TAMASOA (TAMASOA) and
JOSEPH LATU (LATU), both engaged in the sales of firearms in the Sacramento,
California area.
8. Subsequent investigation determined that TUCKER; David BENNETT; PASCAN, and
WHITE were part of a network of individuals in the greater Sacramento area engaged in
the manufacturing and sales of AR-15-style firearms. These individuals were engaged in
the following unlawful activities:
a. Manufacturing and selling firearms without a federal license issued by ATF.
Under 18 U.S.C. 922(a)(1)(A), [i]t shall be unlawful for any person except a
licensed importer, licensed manufacturer, or licensed dealer, to engage in the
business of importing, manufacturing, or dealing in firearms. Further, it is
unlawful to make a firearm unless [the maker] has filed with the Secretary [of
the Treasury] a written application. 5822.
b. Manufacturing and selling firearms that are illegal to possess without having first
registered such a firearm, such as short-barreled rifle, a machine gun, or a
silencer. Under 26 U.S.C. 5861(a), it is unlawful for any person to engage in
business as a manufacturer of firearms without having paid the special
(occupational) tax required by section 5801 for his business or having registered
as required by section 5802. It is also unlawful to receive or possess a firearm
transferred in violation of the provisions of this subchapter, see 5861(b); to
receive or possess a firearm made in violation of the provisions of this chapter,
see 5861(c); to receive or possess a firearm which is not registered to that
person in the National Firearms Registration and Transfer Record, see 5861(d);
to transfer a firearm in violation of the provisions of this chapter, see 5861(e); to
make a firearm in violation of the provisions of this chapter, see 5861(f); to
receive or possess a firearm which is not identified by a serial number as required
by this chapter, see 5861(i); to transport, deliver, or receive any firearm in
interstate commerce which has not been registered as required by this chapter, see
5861(j). Under 5845(a), the term firearm includes: a rifle having a barrel
or barrels of less than 16 inches in length; a machine gun; or any silencer.
See 5845(a)(3), (6), (7).
c. Transferring firearms without the approval of the Secretary of the Treasury.

5812.
d. Manufacturing firearms without any identifying information, such as a serial
number, that can be used to trace the weapon if it is involved in a crime. Under
18 U.S.C. 923(i), licensed manufacturers shall identify by means of a serial
number engraved or cast on the receiver or frame of the weapon, in such manner
as the Attorney General shall by regulations prescribe.
e. Selling such firearms without any documentation related to the sale. Under 18
U.S.C. 922(m), It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector knowingly to make any false
entry in, to fail to make appropriate entry in, or to fail to properly maintain, any
record which he is required to keep pursuant to section 923 of this chapter or
regulations promulgated thereunder.
Technical Background
Definition of a Firearm
9. A firearm is any weapon . . . which will or is designed to or may readily be converted
to expel a projectile by the action of an explosive. 18 U.S.C. 921(a)(3)(A). This
definition includes the frame or receiver of any such weapon, 18 U.S.C. 921(a)(3)(B),
and any combination of parts either designed or intended from which a firearm can be
readily assembled. 18 U.S.C. 921(a)(4)(C). A receiver under 18 U.S.C.
921(a)(3)(B) includes a lower receiver.
The AR-15 Platform
10. An AR-15 is the semi-automatic, civilian-version of the .223-caliber M16 machine gun
used by the United States military. Although AR-15 refers to the model produced by
Colt (firearms manufacturer), the term AR-15 is colloquially used to refer to firearms
similar to, and based upon, the Colt AR-15. An example of an AR-15-style rifle is
depicted below. This image is from ATFs Police Officers Guide to Recovered
Firearms, accessible at http://www.atf.gov/files/publications/download/p/atf-p-331212.pdf.
Photo 1 - AR-15 rifle (photo unrelated to this case)
11. An AR-15-style rifle consists of many parts. There are five parts that will be discussed at
length in this Affidavit: the (1) lower receiver; (2) upper receiver; (3) stock; (4) barrel;
and (5) magazine. These parts are labeled below.
Stock
Upper Receiver
Barrel
Lower Receiver
Magazine
Photo 2 - AR-15 rifle (labeled) (photo unrelated to this case)
12. Depicted below is a firearm that has been disassembled to isolate the individual parts.
Lower Receiver
Photo 3 - AR-15 rifle (disassembled) (photo unrelated to this case)
13. Most parts for a firearm (e.g. stocks, barrels, magazines) are not subject to regulation by
ATF. Accordingly, these parts are often made by individuals and small businesses. For
the most part, these gun parts can be bought and sold without reporting the sales and
without requiring a background check.
14. The lower receiver is different than common gun parts. As discussed in Paragraph 9
above, a lower receiver is considered a firearm. That means that the lower receiver,
without any other parts at all, is regulated and controlled by ATF the same way as a
completed firearm (for example, the AR-15-style rifle depicted above). This also means
that the manufacture, sale, transfer, and disposition of lower receivers are regulated by
ATF. Depicted below is a lower receiver for an AR-15-style rifle.
Photo 4 - AR-15 lower receiver (photo unrelated to this case)
15. To manufacture an AR-15 lower receiver, a manufacturer may start with an AR-15 blank.
Depicted below are two AR-15 blanks. An AR-15 blank is not considered a firearm by
ATF. An AR-15 blank is a metal casting that is eventually converted into an AR-15
lower receiver by a manufacturing process.
Photo 5 - AR-15 blanks (photos unrelated to this case)
a. An AR-15 blank is also colloquially referred to as a blank, an 80%, an 80%

blank, an 80% lower, or an AR-15 80%. These terms developed based on
the perception that the piece of metal was 80% of a firearm, and therefore
unregulated by ATF. The term 80% and variations of it are not used by ATF
and are not officially recognized by ATF. ATF regulates firearms. An item
that is not a firearm is not regulated by ATF and not assigned an official
terminology.
b. For purposes of this Affidavit, the term AR-15 blank will be used. At various
points in this Affidavit, individuals will be quoted referring to an 80%. This is
unavoidable due to the necessity of using the precise quoted language. Where
possible, however, I have added clarifying parentheticals to remind the reader that
80% and variations of that term refer to an AR-15 blank.
16. An AR-15 blank is converted into an AR-15 lower receiver through the use of specialized
tools, typically a drill press or a computer numerical control machine (CNC machine),
and precision measurement equipment. A CNC machine is an automated version of a
drill press that is run by a computer. A drill press is operated by hand. A CNC machine
is operated by running a computer program that automates the process.
17. In the case of this investigation, manufacturers are creating Kevlar reinforced polymer
variant lower receivers with certain cavities filled by different colored polymer (see
paragraph 18 for additional details). These variant lower receivers are made functional
through the use of specialized tools, typically a drill press, a hand drill, a Dremel tool
(a versatile, handheld rotary bit tool that can be used to cut, grind, drill, sand, and mill
various materials), and/or other various types of milling equipment. These are all fairly
simple and affordable hand tools that can be obtained and operated by nearly anyone. In
most cases, they are readily available at most hardware/home improvement stores.
18. The polymer products in this case are molded during the manufacturing process. During
the molding process, the manufacturer has created the material in the fire control cavity
(further referred to as the biscuit) a different color than that of the main body of the
receiver. This difference in color enables the customer to easily identify how much
material to mill away thereby creating the specific and exact cavities that are necessary to
enable the weapon to function properly.
Biscuit
Photo 6 Polymer AR-15 blanks (photos unrelated to this case)
19. Using either a drill press, hand drill, or a CNC machine, the equipment operator drills,
cuts, or mills cavities in specific locations on the AR-15 blank. Compare the AR-15
blank depicted below left with the AR-15 lower receiver depicted below right. This
process transforms the AR-15 blank into an AR-15 lower receiver by creating the precise
shape and space necessary for the lower receiver to accept the parts that will allow the
firing of a projectile. These shapes or cavities must be created to the exact specifications
required. If these cavities are not formed to the exact specifications required, the firearm
will not function and may break. This process also creates the holes necessary to attach
the upper receiver and barrel to the lower receiver. These parts (e.g. the hammer, bolt or
breechlock, and firing mechanism) are the internal mechanical parts, that combine with a
trigger, firing pin, and other parts to form a functioning firearm.
10
AR-15 blank
prior to milling
AR-15 blank
after to milling,
now considered
a lower receiver
Photo 7 - (clockwise from top left) AR-15 blank, AR-15 lower receiver,
AR-15 lower receiver (top view) (photos unrelated to this case)
20. This investigation deals with the manufacturing of AR-15-style lower receivers. In this
case, individuals purchase AR-15 blanks (unregulated, metal castings and/or polymer)
and transform them into AR-15 lower receivers (regulated firearms) and then assemble
fully functional AR-15 rifles and pistols (regulated firearms). Unlike a firearm
manufactured by a licensed manufacturer, these firearms are completely untraceable.
They have no serial number. They have no manufacturer identification. Further, these
firearms are sold by unlicensed individuals with no regard to the prohibited status of the
purchaser, or the legality of the firearm itself.
Definition of a Silencer
21. A silencer under 18 U.S.C. 921(a)(3)(C) includes any firearms muffler or firearm
silencer. A firearm silencer and firearm muffler is any device for silencing,
muffling, or diminishing the report of a portable firearm, including any combination of
parts, designed or redesigned, and intended for use in assembling or fabricating a firearm
silencer or firearm muffler, and any part intended only for use in such assembly or
fabrication. 18 U.S.C. 921(a)(24).
11
Photo 8 - Silencer (photos unrelated to this case)
The Silencer
22. A silencer is a device attached to or part of the barrel of a firearm which reduces the
amount of noise generated by firing. Silencers reduce gunshot noise by giving the gasses
a larger, contained space to dissipate and cool before exiting the silencer. Internal baffles
divide the silencer into various expansion chambers for maximum efficiency.
Baffles
Photo 9 - Silencer Cutout (photos unrelated to this case)
12
Expansion Chambers
23. A silencer consists of many parts. A commercially manufactured silencer would use the
following parts to construct a silencer; (1) end cap; (2) piston; (3) booster housing; (4)
booster spring; (5) baffle stack; (6) tube; and (7) front cap.
24. Depicted below is a silencer that has been disassembled to isolate the individual parts.
This image is from ATFs ATF Guidebook Importation & Verification of Firearms,
Ammunition, and Implements of War, accessible at
http://www.nibin.gov/content/firearms/firearms-industry/guides/gun-control-actdefinition-silencer.
Baffles
Tube
Photo 10 - Silencer (exploded view) (photo unrelated to this case)
Federal Firearms License

25. A person who manufactures and sells firearms is required to hold a federal firearms
license (FFL) in accordance with 18 U.S.C. 923(a).1 As an FFL, the licensee is
required to mark the firearms the FFL manufactures in accordance with 18 U.S.C.
923(i) and its implementing regulation at 27 C.F.R. 478.92, which prescribes the
identifying markings (including serial number and manufacturer name) and the manner in
which each firearm is to be marked. Additionally, 18 U.S.C. 923(g)(1)(A) and its
implementing regulation at 27 C.F.R. 478.123 prescribe record keeping requirements to
require the licensee to record specified information regarding the firearms manufactured
and information to whom the firearms are transferred.
An FFL is colloquially used to describe both the license issued by ATF (Smith and Wesson has an FFL.) and
also to refer to the individual or business that holds the license, i.e. the licensee (Smith and Wesson is an FFL.).
13
26. Upon transfer of a firearm to a person who does not hold an FFL, the licensee
transferring the firearm is required to execute a Firearms Transaction Record (ATF Form
4473) and initiate a background check on the non-licensed individual in accordance with
18 U.S.C. 923(g)(1)(A) and 18 U.S.C. 922(t) and their implementing regulations at 27
C.F.R. 478.124 and 478.102. In this particular case, firearms are being sold without a
license, being sold without filling out an ATF Form 4473, and without conducting a
background check.
27. The requirements to hold an FFL apply to any person who is engaging in the business of
manufacturing and/or selling firearms. This has created a loophole that permits an
individual to manufacture a firearm for personal use without first obtaining an FFL,
provided the firearm is not for sale and the person who made the firearm is not otherwise
prohibited from possessing firearms. (See Question A6, Federal Firearms Regulations
Reference Guide, ATF Publication 5300.4, Revised September 2005, page 176.) This
loophole only applies to personal use. Thus, only an FFL can manufacture a firearm for
sale or transfer.
Statement of Probable Cause

28. From approximately February to October 2015, ATF has been conducting an
investigation into a large-scale firearms trafficking and manufacturing network involving
numerous individuals, including LATU, TAMASOA, WHITE, ORTIZ, TUCKER,
PASCAN, and BENNETT. At no time relevant to this investigation did LATU,
TAMASOA, WHITE, ORTIZ, TUCKER, PASCAN, or BENNETT have a license to sell
or manufacture firearms. And at no time relevant to this investigation did LATU,
TAMASOA, WHITE, ORTIZ, TUCKER, PASCAN, or BENNETT have an application
to sell or manufacture firearms pending with the Secretary of the Treasury. Further, all of
the firearms transactions discussed herein were audio and video recorded by ATF.
A.
February 6, 2015 LATU and TAMASOA Sell One Rifle

29. On February 6, 2015, an undercover ATF agent (the UC) arrived at 7409 Troon Way,
Sacramento, California.2 Prior to arriving at this address, the UC had arranged to
purchase a firearm through Liberato Racimo. Upon arriving, the UC met outside the
residence with Racimo, who told the UC that he (referring to LATU) was on his way to
the residence. Shortly thereafter, LATU arrived in a Dodge pickup truck and met with
the UC and Racimo.3 LATU then introduced himself to the UC as Joe. After several
No transaction was made with Racimo after this date.
Throughout this investigation, ATF agents have observed LATU driving a red 2004 Dodge Ram 1500 pickup truck
with California license plate 38407L1, registered to Joseph LATU, 7400 Troon Way, Sacramento, California.
14
minutes, LATU said, hes about to pull up (referring to TAMASOA). Referring to the
rifle that would be sold to the UC, Racimo asked LATU if it was full squeeze.4 LATU
responded, I think so. Several minutes later, a black Lexus arrived at the residence
driven by a female (later identified as Mafi Tamasoaalii).5 The UC asked LATU if the
person arriving was his cousin (referring to TAMASOA). LATU told the UC that it was.
Soon after arriving, TAMASOA presented the UC with a Norinco SKS Sporter rifle. The
UC asked TAMASOA if the rifle was fully automatic. TAMASOA said yes. The UC
asked TAMASOA for his name. TAMASOA said, Archie.
30. TAMASOA told the UC that he was able to get firearms by the crate6, that he would have
to wait for his boy7 to send the list of firearms, and that TAMASOA could then choose
any firearms from that list. TAMASOA also told the UC that he could obtain more than
fifty (50) firearms via this method. The UC gave LATU the UCs phone number in order
for LATU to contact the UC for future transactions. The UC paid LATU $2,200.00 for
the Norinco SKS Sporter rifle (pictured below).
Photo 11 the UC purchase on February 6, 2015.
Full squeeze is a street terminology for a machine gun. Under 26 U.S.C. 5845(b), a machine gun is defined as
any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one
shot without manual reloading, by a single function of the trigger.
5
Throughout this investigation, TAMASOA has been repeatedly observed traveling in a Black 2003 Lexus GS 300
with California license plate 5FHF375, registered to Mafi Tamasoaalii, 3432 Summer Park Drive, #335,
Sacramento, California. This vehicle is referred to in this Affidavit as the black Lexus.
6
A crate is a term used to describe a box that would contain a large quantity of firearms.
This individual has not been identified.
15
B.
February 9, 2015 LATU and TAMASOA Sell One Rifle and One Pistol
31. On February 9, 2015, after arranging to meet LATU and TAMASOA in order to purchase
firearms from them, the UC arrived at an In-N-Out restaurant located at 780 Ikea Court,
West Sacramento, California. There, the UC met with LATU and LATU told the UC that
he had another cousin who could get firearms, which would be coming from Arizona.
After the UC indicated that he was looking for a consistent source of firearms, LATU
told the UC that the firearms would be coming consistently and that he had called his
cousin and his uncle letting them know that he had a consistent buyer.
32. Shortly thereafter, TAMASOA arrived. TAMASOA told the UC that he met with his
source of firearms and looked at the crates of firearms and that he was not the only
person ordering from the crates of firearms. TAMASOA indicated that he could
purchase whatever firearms were left over in the crates after others had purchased them.
TAMASOA then removed a black bag from the trunk of the black Lexus (the car he had
arrived in) and placed the bag in the trunk of the UCs vehicle. The UC opened the black
bag and saw that it contained firearms specifically, an Olympic Arm rifle and an Israel
Military Desert Eagle pistol, as well as numerous magazines and ammunition of various
calibers. The UC inspected the firearms and transferred the items into another bag to
keep the firearms concealed in the trunk.
Photo 12 the UC inspecting the firearms purchased on February 9, 2015
33. The UC then asked TAMASOA how often shipments of firearms came. TAMASOA told
the UC that the firearms arrived weekly and that TAMASOA would be going this
weekend to see the next shipment of firearms. The UC then paid LATU $5,500.00 for
the rifle and pistol (pictured below). The UC asked TAMASOA what else the UC could
get from TAMASOA (meaning, what else could he purchase from TAMASOA).
TAMASOA told the UC that he usually only sells firearms and marijuana and also that
he used to sell cocaine but stopped selling it because it was too expensive. The UC asked
16
TAMASOA if he could sell him molly.8 TAMASOA said he could get it, but it would
only be in the powder form.
Photo 13 the UC purchase on February 9, 2015
C.
February 27, 2015 TAMASOA Sells One Rifle

34. On February 27, 2015, after arranging a meeting in order to purchase a firearm, the UC
met TAMASOA at his residence, 3432 Summer Park Drive, Sacramento, California.
Upon arrival, the UC observed TAMASOA exit his building (with the numbers 3432
affixed to the outside) with a black bag slung over his shoulder. The bag contained a
Bushmaster XM15-E2S rifle. TAMASOA placed the bag in the trunk of the UC vehicle
and then entered the UC vehicle. The UC paid TAMASOA $3,200.00 for the rifle.
Molly is a form of MDMA (3,4-methylenedioxy-methamphetamine), popularly known as ecstasy. Under the

Controlled Substances Act, MDMA is classified as a Schedule I (21 U.S.C. 812(b)) controlled substance.
17
35. TAMASOA then asked the UC what other firearms the UC would be interested in
purchasing. The UC asked TAMASOA if his source would be able to obtain shortbarreled rifles. TAMASOA told the UC that his source, who was getting firearms from a
family business, could provide Uzis.9 The UC asked TAMASOA if he had any other
firearms connections (referring to suppliers of firearms). TAMASOA told the UC that he
had firearms connections in the Santa Rosa area and in the Seattle area. TAMASOA
indicated that he could get firearms by the crate full. TAMASOA told the UC that the
firearms would be coming from his cousin. TAMASOA also told the UC that he could
get pills and molly.
Photo 14 the UC purchase on February 27, 2015
D.
March 5, 2015 LATU Sells Two Revolvers and One Pistol

36. On March 5, 2015, after arranging a meeting with LATU during which the UC would
purchase firearms from LATU, the UC met LATU in Woodland, California, at an
undercover location operated by Woodland Police Department (the UC location).
During the meeting, the UC purchased the following firearms from LATU: (1) a Nagant
Under 26 U.S.C. 5861, it is unlawful to possess a short-barreled rifle a rifle having a barrel length of less than
sixteen inches unless it is registered and contains a serial number. See also 26 U.S.C. 5845(a).
18
M1895 revolver, (2) a Smith & Wesson model 42 revolver, and (3) a Smith & Wesson
model 459 pistol.
37. Shortly after LATU arrived at the UC location, LATU removed a box from the trunk of
the vehicle he had arrived in. Both LATU and the UC entered the UC location with the
box. The UC and LATU removed the firearms from the box and inspected the firearms.
While removing the items, LATU told the UC that his cousin could get AK-type rifles,
but the rifles only fire semi-automatically.10 LATU told the UC that his cousin could get
the AK rifles next week. LATU indicated that his cousin had a source in the Vacaville,
CA area. LATU also told the UC that he knew people in southern California that were
looking for a buyer. The UC then paid LATU $1,500.00 for the firearms.
Photo 15 the UC purchase on March 5, 2015
E.
March 11, 2015 UC Meeting with LATU and TAMASOA

38. On March 11, 2015, after making arrangements for a meeting, the UC met LATU and
TAMASOA in the Wing Stop parking lot at 3541 North Freeway Blvd., Sacramento,
California. During the meeting, TAMASOA told the UC that his fathers side of the
family lived in Hawaii and that TAMASOAs fathers family distributed
methamphetamine in the Oahu area. TAMASOA told the UC that the familys
methamphetamine packages (containing approximately 20 pounds of methamphetamine)
were stopped by the Honolulu Police Department.
10
The term semiautomatic rifle is defined as any repeating rifle which utilizes a portion of the energy of a firing
cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the
trigger to fire each cartridge. 18 U.S.C. 921(a)(28).
19
39. The UC asked both TAMASOA and LATU if they were able to confirm their sources of
firearms. TAMASOA indicated that he had a source of firearms in the Seattle area, but
we gotta go get it. LATU asked TAMASOA what firearms were ready and
TAMASOA said, about like 15 choppers.11 TAMASOA told the UC that he received a
phone call on Saturday indicating that one of his sources shipments was intercepted
because the container was filled with firearms. TAMASOA told the UC that they had to
wait two more weeks until the next shipment of firearms came. TAMASOA showed the
UC pictures on his cell phone of some of the firearms that were available via
TAMASOAs cousin in Seattle.
40. TAMASOA then explained to the UC that a crate contained sixteen (16) firearms, and
that within the crate there were eight (8) pairs of the same model of firearm. TAMASOA
told the UC that they could go pick it up after TAMASOA found when his source would
be available. TAMASOA told the UC that his cousin had told him that the safest way to
conduct the firearms transaction would be to fly to Seattle and rent a vehicle, because a
car with California license plates would cause suspicion with the local police department.
TAMASOA told the UC that he had a storage locker where he typically stored his
firearms and that a lot of my business people sending everything to my wifes
[Tamasoaalii] phone. TAMASOA, LATU, and the UC agreed that they should get
separate phones to communicate about firearms. TAMASOA said, ATFgoing to
fuckingtake us all down. TAMASOA then told the UC that his boy had molly
available.
41. Additionally, LATU indicated that he had a source of firearms in Arizona and he showed
the UC a picture on his cell phone of a firearm that would be similar to the firearms
coming from Arizona.
F.
March 19, 2015 TAMASOA Sells Two Rifles

42. On March 19, 2015, after arranging to meet TAMASOA in order to purchase firearms
from him, the UC met TAMASOA in Woodland, California, at the undercover location.
After arriving, TAMASOA removed a black bag from the trunk of his vehicle, which he
described to the UC as a rental car. TAMASOA carried the black bag inside the UC
location and told the UC that the magazines for the rifles were in the pockets of the bag.
The UC opened the bag brought by TAMASOA and inspected the two firearms inside the
bag a American Spirit Arms model ASA15 rifle and a Ruger model Mini 14 rifle.
11
Chopper is a street terminology for machine gun or simply, a firearm or gun.
20
TAMASOA then told the UC that there were pistols12 available for the UC for
approximately $400-500 each. As the UC was inspecting the AR rifle, TAMASOA told
the UC that rifle was supposed to be three round burst.13 The UC then paid
TAMASOA $5,400.00 for the firearms.
Photo 16 the UC purchase on March 19, 2015
G.
April 3, 2015 TAMASOA Sells 1,300 Ecstasy Pills

43. On April 3, 2015, after arranging with TAMASOA to meet and purchase ecstasy, the UC
met TAMASOA at the undercover location. TAMASOA arrived at the undercover
location in the black Lexus sedan previously discussed herein along with his wife, Mafi
Tamasoaalii. During the meeting with TAMASOA, the UC asked about TAMASOAs
Seattle source of supply for firearms. TAMASOA said that he wanted the UC and Seattle
source to talk. TAMASOA told the UC that the Seattle source was driving down to
Sacramento, CA because he had family living in Sacramento. TAMASOA then handed
the UC a bag containing approximately 1,300 ecstasy pills. The UC paid TAMASOA
12
Pistol is a term that is colloquially used as a handgun and is defined under 18 U.S.C. 921(a)(29)(A) as a
firearm which has a short stock and is designed to be held and fired by the use of a single hand
13
Three round burst is a phase referring to a firearms ability to fire three rounds in a single pull of the trigger.
21
$1,500.00 for the ecstasy. The ecstasy pills subsequently were field tested. They tested
positive for the presence of MDMA.
Photo 17 the UC inspecting the pills of ecstasy purchased on April 3, 2015
22
H.
April 8, 2015 TAMASOA Sells One Rifle

44. On April 8, 2015, after arranging to meet with TAMASOA in order to purchase a
firearm, the UC met TAMASOA at the undercover location in Woodland. The UC
observed TAMASOA arrive at the undercover location in his black Lexus with his wife.
After arriving, TAMASOA removed a black bag from the trunk of his vehicle and
handed it to the UC. The bag contained a New Frontier LW-15 rifle. The UC removed the
rifle from the bag and inspected it. TAMASOA told the UC that his source was asking
$2,200.00 for the rifle. TAMASOA then asked the UC what other firearms the UC would
want to purchase. The UC told TAMASOA that he wouldnt be able to purchase more
firearms from TAMASOA because the previous firearms TAMASOA had sold him were
not fully automatic. The UC and TAMASOA discussed further purchases from
TAMASOA and his source in Seattle. After negotiating the price, the UC then paid
TAMASOA $2,000.00 for the rifle.
I.
April 23, 2015 LATU Sells One AR-15 Type Rifle

45. On April 23, 2015, after arranging a meeting with LATU to purchase firearms, the UC
met LATU at the undercover location in Woodland, California. Upon his arrival at the
undercover location, LATU discussed firearms transactions with the UC. LATU
indicated that he had just spoken with his source in Los Angeles and mentioned that the
only group of people that previously had been consistent buyers of firearms was the
Armenians. LATU told the UC that his LA source could provide a variety of firearms,
which he referred to as nines, four fives, big toys, two fifty, and grenades, and whatever
we want. LATU told the UC that all the UC needed to do was place an order for
firearms. LATU also told the UC that his brother-in-law had five (5) firearms available
and was trying to make contact with a friend that would be a main source of firearms.
LATU then went to the rear passenger seat of his vehicle, removed an unserialized,
unmarked AR-15 type rifle from the rear passenger seat of the vehicle, and handed it to
23
the UC.14 LATU told the UC that the source (believed to be a source separate from
LATUs LA source, brother-in-law, and friend) could also manufacture the AR-15 rifles
as short-barreled rifles. LATU then gave the UC two large capacity magazines saying,
heres the two thirties. LATU also told the UC that his source wanted money first, in
order to build the AR-15 rifles. LATU told the UC that his sources friend was the one
that was manufacturing the firearms. LATU told the UC that the AR-15 rifle he was
purchasing that day came from the sources personal inventory. The UC then paid LATU
$1,900.00 for the rifle.
J.
April 30, 2015 LATU Sell One AR-15 Type Rifle

46. On April 30, 2015, after arranging with LATU to meet him for the purpose of purchasing
firearms, the UC met LATU at the undercover location in Woodland, California. Shortly
after their arrival, LATU gave the UC a rifle sling and a magazine release button. LATU
told the UC that the items belonged to the AR-15 type rifle purchased from LATU on
April 23, 2015.
47. LATU then removed an unserialized, unmarked AR-15 type rifle from the rear drivers
side seat of his pickup truck and handed it to the UC. LATU told the UC that the rifle
was owned by his Stockton source. (Based on my training and experience and
knowledge of this investigation, I believe that the Stockton source referred to here is
David Bennett, because on August 29, 2015, TUCKER indicated that Bennett provided
14
As discussed in the background section above, a firearm must have a serial number and manufacturer
identification prior to sale or transfer.
24
the tan rifle to the UC, and the rifle sold to the UC on April 30, 2015, had tan-colored
parts.) LATU continued to tell the UC that the Stockton source was pleased that the UC
was a serious buyer and had decided to sell the UC his personal rifle while he
manufactured the next AR-15 type rifle for the UC to purchase. The UC paid LATU
$1,900.00 for the rifle.
K.
May 15, 2015 TAMASOA, ORTIZ, and WHITE Sell Two AR-15 Type Rifles
48. On May 15, 2015, the UC met with TAMASOA after arranging to meet him to purchase
a firearm. Soon after arriving at the meeting, TAMASOA asked the UC, What other
things can we move? TAMASOA continued, I can get my hands on drugs. The UC
and TAMASOA discussed cocaine, and TAMASOA told the UC that he could get a
whole kilo of cocaine for approximately $34,000.00. TAMASOA said the cocaine would
come from Sacramento. The UC asked TAMASOA how much an ounce of crack cocaine
would cost. TAMASOA indicated it would cost approximately $1,200.00. TAMASOA
also told the UC that he knew how to cook cocaine to make crack cocaine.
49. TAMASOA then told the UC that there should be a total of five firearms available, and
the UC indicated that he would purchase two today and come back for the others at a
later date. TAMASOA and the UC then drove to ORTIZs house, located at 328
Moorland Street, Vallejo, CA, to conduct the firearms transaction. After arriving and
parking in front of ORTIZs house, the UC and TAMASOA waited for ORTIZ to arrive.
While waiting for ORTIZ, TAMASOA asked the UC if he knew anyone outside of
California to whom TAMASOA could sell or mail marijuana or methamphetamine.
25
TAMASOA then told the UC that he knew how to mail drugs out of the state. The UC
asked if TAMASOAs wife knew what they were doing. TAMASOA indicated that his
wife knew about the transactions, that his wife would mail the packages, and that he
trusted his wife.
50. Two vehicles pulled into the driveway of ORTIZs residence, a white Chevrolet Tahoe
SUV and a black pickup truck. The UC followed the two vehicles and backed the UC
vehicle into the driveway. ORTIZ exited one vehicle and removed a large container from
the trunk. The UC followed TAMASOA to the patio at the rear of the residence. There,
the UC then greeted WHITE, who introduced himself as Keith. The UC then observed
WHITE remove two firearms from a large container an unserialized, unmarked AR-15
type rifle and an AR-15 type JK Mustang Raptor. WHITE gave the UC one rifle to
inspect. The UC asked WHITE if the UC could purchase two of the rifles then come
back at a later date to purchase the other rifles. WHITE replied, This is like Walmart
manget what you want. The UC then paid WHITE $3,200.00 for the two rifles.
Photo 22 the UC purchase on May 15, 2015
L.
May 17, 2015 UC Meeting with LATU

51. On May 17, 2015, the UC met LATU in a parking lot located at 4424 Freeport Blvd,
Sacramento, California. LATU and the UC discussed LATUs firearms sources and
26
whether LATU could sell firearms to the UC supplied by the sources. Specifically,
LATU told the UC that his cousin would be transporting firearms from Los Angeles to
Las Vegas and that that his cousin wanted the UC to prepay a percentage of the total
price of the firearms before going to Las Vegas to sell the UC firearms there. LATU told
the UC that he had confirmed with his cousin that all the firearms were fully automatic.
The UC and LATU also discussed LATUs Louisiana source. LATU said that his
Louisiana source could sell 600 firearms at a price of $2,500.00 per 100 firearms. LATU
told the UC that the firearms should be available around August and that the UC would
have to go to Louisiana to pick up the firearms. LATU told the UC that his Louisiana
source was getting the firearms from the military.
52. The UC then asked LATU about the source of firearms who had previously built firearms
purchased by the UC (as discussed below, this source is believed to be David Bennett).
LATU said that the source typically did not want to meet people because he was a sheriff.
LATU told the UC that he and the sheriff used to ride dirt bikes together and that the
source manufactured firearms as a side business. Prior to departing, LATU asked the UC
if he purchased hand toys (a nickname for handguns). The UC said yes.
M.
May 27, 2015 TAMASOA Sells Two AR-15 Type Rifles

53. On May 27, 2015, after arranging to meet TAMASOA to purchase firearms, the UC met
TAMASOA at the Costco parking lot, located at 5101 Business Center Drive, Fairfield,
CA. During the meeting, the UC purchased two unserialized, unmarked AR-15 type rifles
from TAMASOA. The UC counted and paid TAMASOA $3,700.00 for the rifles. During
the transaction, the UC asked TAMASOA where his cousin (referring to ORTIZ) was
located. TAMASOA pointed at a white Chevrolet Tahoe parked a short distance away.
27
Photo 23 the UC purchase on May 27, 2015
N.
June 1, 2015 LATU Sells One Rifle, Four Pistols, and One Revolver
54. On June 1, 2015, after arranging with LATU to purchase firearms, the UC met LATU
and two unidentified individuals (referred to herein as FNU LNU #1 and FNU LNU
#2) at the undercover location in Woodland. During the meeting, the UC purchased six
firearms from LATU, FNU LNU #1, and FNU LNU #2: (1) a C.A.I. Zastava PAP
M92PV AK-type rifle; (2) a Taurus Millennium G2 pistol; (3) a Ruger SR40 pistol; (4) a
Smith & Wesson M&P Bodyguard Crimson Trace revolver; (5) a Glock 23 pistol; and (6)
a Smith & Wesson SD40 VE pistol. The UC paid LATU $5,000.00 in pre-recorded
funds for the firearms. LATU distributed the money to FNU LNU #1 and FNU LNU #2.
The UC paid LATU $500 for brokering the firearms sale. After the transaction, ATF
agents measured the barrel-length of the C.A.I. Zastava PAP M92PV AK-type rifle and
determined it to be approximately 10 inches long.
28
Photo 24 LATU with Currency on June 1, 2015
55. The UC then asked the two unidentified individuals how often they wanted to bring
firearms to sell to the UC. FNU LNU #2 asked the UC what kinds of firearms the UC
wanted to purchase. The UC indicated that he wanted the same type of firearms that he
was purchasing in the current deal. FNU LNU #2 said he could sell anything at the
store. FNU LNU #1 added that they could get firearms from Nevada, specifically Las
Vegas. FNU LNU #2 asked the UC if the UC would be willing to purchase C4 explosives
29
and indicated that he had a potential source of supply of such explosives. The UC then
paid FNU LNU #1 an additional $200.00 in funds for driving from the Los Angeles, CA
area to Woodland. Later, via text message, LATU informed the UC that the AK type
rifles stock can be used as a shoulder stock, allowing the firearm to be fired like a rifle.
O.
June 11, 2015 LATU Sells Two AR-15 Type Rifles

56. On June 11, 2015, after arranging to meet LATU for the purpose of purchasing firearms,
the UC met LATU at In-N-Out Burger located at 780 Ikea Court, West Sacramento, CA.
LATU and the UC discussed LATUs Louisiana source of firearms and LATU indicated
that the Louisiana source would be able to provide firearms in August. LATU then
opened the trunk of his vehicle and the UC removed one unserialized, unmarked AR-15
type short-barreled rifle and one AR-15 type rifle. The UC counted and paid LATU
$4,000.00 for the firearms. ATF agents subsequently measured the barrel-length of one of
the short-barreled rifles sold by LATU and determined it to be approximately 10 inches
long.
P.
July 17, 2015 LATU Sells an AR-15 Type Rifle and Silencer
57. On July 17, 2015, after arranging a meeting with LATU to purchase firearms, the UC met
LATU at the In-N-Out Burger located at 780 Ikea Court, West Sacramento, CA. Shortly
after their arrival, LATU showed the UC several pictures on his cell phone, including an
30
AR-15 type rifle with a silencer attached to it and pictures of three silencers of various
lengths. LATU indicated that the UC could purchase all of these items from LATU. The
UC asked LATU if they (referring to the unknown individual or individuals
manufacturing the silencers) were manufacturing the silencers or purchasing them.
LATU responded that they were manufacturing the silencers. LATU told the UC that
the UC could choose to buy a variety of different sizes of firearms and silencers.
58. LATU then provided the UC with an unserialized, unmarked AR-15 type short-barreled
rifle and an unserialized, unmarked silencer.15 LATU showed the UC the fully
assembled firearm and silencer. LATU then told the UC that he could manufacture all
the short-barreled rifles the UC wanted to buy. The UC asked LATU if he could make the
AR-15 rifles fully automatic, and LATU replied that all he needed to do was go to Reno,
Nevada to purchase the conversion kits.16 LATU continued to tell the UC that once the
kit was purchased, the kit would just need to be installed into the rifle. LATU informed
the UC that if they ordered fully automatic conversion kits in Northern California the
order would trigger an alert.
59. LATU then indicated to the UC that he had two sources of supply in Stockton one
person who would order the firearms, silencer parts, and components and a second person
who manufactured and assembled the AR-15 type rifles and silencers. The UC then
counted out and paid LATU $3,000.00 for the rifle and silencer. ATF agents
subsequently measured the barrel-length of the rifle sold and determined it to be
approximately 10.5 inches long.
15
16
Similar to a firearm, a silencer must have a serial number and manufacturer identification prior to sale or transfer.
A rifle fully automatic conversion kit typically consists of an M16 trigger group and bolt carrier.
31
Q.
July 20, 2015 LATU Sells Two AR-15 Type Rifles and One Silencer
LATU at In-N-Out Burger located at 780 Ikea Court, West Sacramento, CA. During their
meeting, the UC asked LATU if one of his Stockton sources would be able to install parts
necessary to convert the previously purchased AR-15 type rifles into fully automatic
weapons. LATU responded in the affirmative and told the UC that his Stockton guy
would have no problems installing the parts. LATU indicated that they could just
purchase the conversion kits in Reno, NV. LATU told the UC that his Stockton guy
had suggested that he convert the previously purchased rifles into fully automatic rifles.
LATU indicated that his Stockton source, who had manufactured the rifles, was a sheriff
down in Stockton.
61. LATU then fitted the silencer to the barrel of one of the rifles that the UC would purchase
that day, so that the UC could inspect the rifle with the silencer installed. The UC then
purchased two unserialized, unmarked AR-15 type rifles and an unserialized, unmarked
silencer from LATU for $4,600.00.
R.
July 28, 2015 LATU Sells Three AR-15 Type Rifles and Three Silencers
LATU at In-N-Out Burger located at 780 Ikea Court, West Sacramento, CA. During the
meeting, the UC purchased two unserialized, unmarked AR-15 type short-barreled rifles;
an unserialized, unmarked AR-15 type rifle; and three unserialized, unmarked silencers
32
from LATU.17 The UC paid LATU $8,400.00 for the firearms and silencers and gave
LATU an additional $400.00 for facilitating the transaction.
63. LATU then told the UC that he would have three shorties and the one mixture for the
next transaction and that the firearms would be available on Friday. LATU and the UC
discussed two of LATUs suppliers based in Stockton. LATU said that one individual
(referred to herein as FNU LNU #3) would install automatic conversion kits necessary
to convert firearms into fully automatic firearms and another individual (referred to
herein as FNU LNU #4) built the silencers. LATU told the UC that FNU LNU #3 and
FNU LNU #4 were the only two individuals he trusted.
Photo 29 Funds for LATU on July 28, 2015
17
ATF agents subsequently measured the barrel-length of one of the short-barreled rifles sold by LATU and
determined it to be approximately 11.75 inches long.
33
64. The firearms purchased on July 28, 2015 (described in the preceding paragraph and
pictured above), contained unique AR-15 type shoulder stocks with inscriptions
indicating that each stock was a Shockwave Technologies Blade Pistol Stabilizer. A
review of the Shockwave Technologies website indicates that the blade shoulder stock
is intended to be installed onto an AR-15 type pistol.18
18
See http://shockwavetechnologies.com/site/?page_id=1970. Under 18 U.S.C. 921(a)(7) and 26 U.S.C. 5845, a

rifle is a weapon designed . . . and intended to be fired from the shoulder. The term pistol is not statutorily
defined, but rather is a broad term to define firearms that are not rifles. An AR-15 is traditionally designed as a rifle;
however, an AR-15 without a stock does not meet the statutory definition of a rifle and is referred to as a pistol.
34
Photo 31 Stock on rifle purchased on July 28, 2015
65. After being informed that the blade shoulder stock pistol stabilizer was intended to be
used on AR-15 type pistols, a Senior Firearms Enforcement Officer with the ATF
Firearms and Ammunition Technology Division informed investigating agents that if an
AR-15 type pistol with blade attachment is intended to be sold as an short-barreled rifle
or is being demonstrated to be fired from the shoulder, then the AR-15 pistol would be
considered an AR-15 short-barreled rifle.
S.
August 4, 2015 LATU Sells Four AR-15 Type Rifles and Five Silencers
66. On August 4, 2015, after arranging with LATU to meet him and purchase firearms, the
UC met LATU at Beach Hut Deli located at 767 Ikea Court, West Sacramento, CA.
During the meeting, the UC purchased four unserialized, unmarked AR-15 type shortbarreled rifles and five unserialized, unmarked silencers from LATU. Before purchasing
the firearms, the UC inspected them and saw that they were manufactured with the same
Shockwave blade stabilizers shoulder stocks. LATU told the UC that the shoulder stocks
just needed to get adjusted and that the rifles could be shot from the shoulder or the arm
with that particular shoulder stock. The UC counted and paid LATU $12,600.00 for the
firearms and an additional $200.00 for facilitating the transaction. ATF agents
subsequently measured the barrel-length of the four short-barreled rifles and determined
they were between 10.5 inches and 11.75 inches long.
35
Photo 32 Funds for LATU on August 4, 2015
Photo 33 UC purchase on August 4, 2015
36
67. During the transaction, LATU told the UC that the next order of rifles would be ready
soon. The UC mentioned to LATU that he had two fully automatic conversions kits and
asked LATU if his Stockton source would be able to install the automatic conversion kits.
LATU indicated that his Stockton source would be able to convert the rifles to fire in
fully automatic fashion. LATU also mentioned that the Armenian silencer manufacturer
(believed to be PASCAN, as described below) was manufacturing silencers quickly.
T.
August 11, 2015 LATU Sells One AR-15 Type Rifle and Four Silencers
68. On August 11, 2015, after arranging with LATU to meet and conduct a transaction for
firearms, the UC met LATU at Beach Hut Deli located at 767 Ikea Court, West
Sacramento, CA. Prior to the meeting, LATU and the UC discussed LATU bringing one
of his Stockton suppliers to the meeting. LATU arrived at the meeting alone and
indicated that his boy (referring to one of his Stockton suppliers) was occupied
elsewhere. The UC asked LATU for the name of his boy. LATU replied, Charlie.
(Agents later determined based on telephone toll records analysis, cellular telephone
subscriber records, cellular telephone geo-location data, and examining LATUs
Facebook page that Charlie is Charles TUCKER. Further, agents positively identified
Charlie as Charles TUCKER on August 29, 2015, as discussed below.) Although the
UC and LATU use the name Charlie in their conversations, because Charlie has been
identified by ATF agents as TUCKER, he will be referred to as TUCKER throughout the
remainder of this affidavit.
69. The UC then asked LATU if Charlie was the deputy (referring to the previously
mentioned Sherriffs Deputy in Stockton). LATU indicated that the deputy was a
different person named Dave. (Agents later determined based on telephone toll records
analysis, cellular telephone subscriber records, GPS tracker location data, and by
examining LATUs Facebook page that Dave is David BENNETT. Although the UC
and LATU use the name Dave in their conversations, because Dave has been
identified by ATF agents as David BENNETT, he will be referred to as BENNETT
throughout the remainder of this affidavit.)
70. LATU and the UC then discussed the process of converting AR-15 type rifles from semiautomatic to fully automatic status. LATU indicated that TUCKER and BENNETT
needed to change the lower receiver of the rifles because they were made of polymer.
LATU informed the UC that the heat from firing a fully automatic rifle would melt a
lower receiver made of polymer. LATU and the UC then discussed the possibility of
LATU selling the UC grenade launchers.
37
71. LATU also relayed to the UC that he had explained to TUCKER and BENNETT about
the need to change the shoulder stock on the short-barreled rifles. LATU then told the
UC that he had met BENNETT through TUCKER and that TUCKER and BENNETT
were close friends. LATU told the UC that BENNETT manufactured some rifles and
TUCKER manufactured the others. LATU also told the UC that any moving Charlie
does, Dave knowsand move Dave does, Charlie knows. Based on my training and
experience and knowledge of this investigation, I understand this statement to mean that
TUCKER is aware of the firearms that BENNETT manufactures and sells and
BENNETT is aware of the firearms that TUCKER manufactures and sells. LATU then
told the UC that he had to create a little team Charlie, Dave, and I got, uhthe other
dude who does the tips (referring to PASCAN manufacturing silencers). LATU
indicated that the silencer manufacturer lives in Riverbank, California, and is called
Bobby. (By examining the telephone phone toll records and subscriber records, ATF
agents were able to identify Bobby as Ionel PASCAN, who was positively identified by
the UC during an in-person meeting on August 29, 2015.)
72. Shortly thereafter, LATU sold the UC an unserialized, unmarked AR-15 type rifle and
four unserialized, unmarked silencers. The UC paid LATU $5,800.00 for the rifle and
silencers, and he paid LATU an extra $100.00 for arranging the transaction.
38
U.
August 11, 2015 LATU Travels to TUCKERs Residence and then to BENNETTs
Residence
73. The August 11, 2015, meeting between the UC and LATU ended shortly after 2:43 p.m.
Meanwhile, ATF was tracking LATUs movements via a GPS tracker installed on his
vehicle, a 2014 Dodge Ram 1500 pickup truck. See Tracker Warrant, Case No. 2:15SW-421-DAD. According to location information provided by the GPS tracker, LATUs
pickup truck traveled to 220 N Patton Avenue, Stockton, California (believed to be
TUCKERs residence, as discussed below) at approximately 5:54 p.m. and left at
approximately 6:30 p.m.19 According to the GPS tracking device, at approximately 6:32
p.m., LATUs Dodge Ram pickup truck arrived at 124 S Tulsa Ave, Stockton, CA 95215.
Agents conducted research on the Accurint public information database and learned that
David BENNETTs residence was listed and is still listed as 124 S Tulsa Ave,
Stockton, CA 95215. 20
V.
August 19, 2015 GPS Tracker Data Indicates That LATU was at BENNETTs
Residence
74. On August 19, 2015, the GPS tracker affixed to LATUs pickup truck indicated that the
truck again was located at BENNETTs residence, 124 S Tulsa Ave, Stockton, CA
95215. In fact, according to information provided by the GPS tracking device, agents
believe that LATUs pickup truck was located in the driveway of BENNETTs residence.
W.
August 20, 2015 LATU Sells Three Rifles, Two Short-Barreled Rifles, and Five
Silencers
75. On August 20, 2015, after arranging to meet with LATU to purchase firearms, the UC
met LATU at Beach Hut Deli located at 767 Ikea Court, West Sacramento, CA. During
the meeting, the UC purchased three unserialized, unmarked AR-15 type rifles; two
unserialized, unmarked AR-15 type short-barreled rifles; and five unserialized, unmarked
silencers from LATU. LATU told the UC, Theres three talls and two shorts. The UC
paid LATU $14,000.00 for the rifles and silencers. ATF agents subsequently measured
the barrel-length of the two short-barreled rifles sold by LATU and determined them to
be approximately 11.75 inches long.
76. During the meeting, the UC asked LATU if he had spoken with Bennett and if Bennett
was still interested in manufacturing firearms for the UC to purchase. LATU told the UC
19
The tracker is accurate within approximately 5 yards.
20
Accurint is a comprehensive database of public records (e.g. motor vehicle records, business records, and real
property records) maintained by LexisNexis. Accurint is used by law enforcement to verify names and addresses. I
have used Accurint in past investigations and found it to be accurate.
39
that BENNETT was still comfortable with manufacturing rifles. LATU informed the UC
that BENNETTs schedule would only allow him to manufacture one or two rifles at a
time for each transaction. LATU told the UC that BENNETT had said to him that
Charlie knows most of everything. LATU also told the UC that BENNETT had
manufactured at least one of the rifles from each of the earlier deals. LATU told the UC
that PASCAN manufactured the silencers and occasionally machined a few of the lower
receivers.
Photo 35 LATUs funds on August 20, 2015
40
X.
August 27, 2015 LATU Sells Two Rifles, One Short-Barreled Rifle, and Three
Silencers
77. On August 27, 2015, after arranging a meeting to purchase firearms from LATU, the UC
met LATU at Beach Hut Deli located at 767 Ikea Court, West Sacramento, CA. During
the meeting, the UC purchased two unserialized, unmarked AR-15 type rifles; one
unserialized, unmarked AR-15 type short-barreled rifle; and three unserialized, unmarked
silencers from LATU. The UC paid LATU $8,400.00 for the rifles and silencers. ATF
agents subsequently measured the barrel-length of the short-barreled rifle sold by LATU
and determined it to be approximately 11.75 inches long.
78. Also during the meeting, LATU asked the UC to state the largest number of firearms he
would be willing to purchase during one transaction. LATU then indicated that he had
told the group believed to be TUCKER, BENNETT, and PASCAN to manufacture
short-barreled rifles only. LATU and the UC talked about how the shoulder stocks had
been an issue previously and LATU assured the UC that the shoulder stocks would not be
an issue again. LATU told the UC that he had told everyone that they should be
manufacturing the rifles how the customers wanted them. LATU told the UC that they
were trying a new method of converting a semi-automatic rifles to fully automatic.
LATU told the UC that he wanted to sell the UC ten rifles a week.
41
Y.
August 29, 2015 The UC Meets With LATU, TUCKER, and PASCAN
79. On August 29, 2015, after arranging the meeting with LATU, the UC met LATU,
TUCKER, and PASCAN at a tacqueria located at 9542 S Airport Way, Manteca, CA.
LATU introduced the UC to TUCKER and PASCAN. Shortly thereafter, the UC asked
LATU about BENNETT. TUCKER told the UC that BENNETT was a corrections
officer and just recently starting working full time. TUCKER then said, heres the
builder anyways, referring to PASCAN. The UC asked TUCKER how many of the
previously purchased rifles had been built by BENNETT. TUCKER indicated that from
the last group of rifles referring to the AR-15 type rifles purchased on August 27, 2015
(as described above) BENNETT had manufactured two of the AR-15 type rifles and a
tan rifle purchased in the beginning. Based on my training, experience, and knowledge
of this investigation, I believe that TUCKER was referring to the rifle purchased by the
UC on April 30, 2015. The UC then asked LATU if PASCAN was the individual
manufacturing the tips (meaning silencers). After LATU said yes, the UC turned to
PASCAN and said that the silencers were quality. PASCAN replied, thank you sir.
The UC asked PASCAN how he had learned to manufacture silencers. PASCAN replied,
Off the top of my head and then a little research. The UC asked both TUCKER and
PASCAN if they were good with doing what youre doing? TUCKER responded,
Absolutely. PASCAN gave the UC a non-verbal nod with his head.
80. TUCKER clarified to the UC that BENNETT was paranoid because BENNETT believed
that the firearms could possibly involve mafias and/or other gangs. TUCKER continued,
I dont even want to know where theyre going I dont care whos getting them I
dont care.
81. During the meeting, ATF agents positively identified Charlie and Bobby as Charles
TUCKER and Ionel PASCAN, respectively.
Z.
September 1, 2015 LATU, TUCKER, PASCAN Sell Three Rifles, One ShortBarreled Rifle, Five AR-15 Type Pistols, and Two Silencers
82. On September 1, 2015, after arranging with LATU to purchase firearms, the UC met
LATU, TUCKER, and PASCAN and purchased three unserialized, unmarked AR-15
type rifles; one unserialized, unmarked short-barreled AR-15 type rifle; five unserialized,
unmarked AR-15 type pistols; and two unserialized unmarked AR-15 silencers from
LATU, TUCKER, and PASCAN. The UC paid LATU, TUCKER, and PASCAN
$14,000 and agreed to pay LATU additional funds later. ATF agents subsequently
measured the barrel-length of the short-barreled rifle and determined it to be
approximately 11.75 inches long.
42
83. Also during the meeting, the UC and TUCKER discussed BENNETT. TUCKER told the
UC that BENNETT was the individual who helped TUCKER manufacture his first
firearm. The UC LATU, TUCKER, and PASCAN then discussed a potential large
purchase to take place within the next few weeks. Referring to the large deal, TUCKER
said, Thats going to be solo us, and he then indicated that he needed some advance
notice prior to the deal so that he and PASCAN could order parts in advance. The UC
and TUCKER then discussed a deal for 50 rifles. TUCKER told the UC that he could do
the deal in 3-4 weeks. The UC then exchanged telephone numbers with TUCKER and
PASCAN.
Photo 38 UC purchase on September 1, 2015
AA.
September 8, 2015 LATU Sells Five Short-Barreled AR-15 Type Rifles
LATU at Five Guys Burger and Fries located at 768 Ikea Court, West Sacramento, CA.
During the meeting, the UC purchased five unserialized, unmarked short barreled AR-15
type rifles from LATU $9,000.00. The UC also paid LATU $4,200.00 to cover the
43
remaining money he owed LATU from the purchase on September 1, 2015. Later, ATF
agents measured the barrel-length of the five short-barreled rifles sold by LATU and
determined them to be approximately 11.75 inches long.
85. During the meeting, LATU and the UC discussed the work that PASCAN and TUCKER
were doing to manufacture firearms. LATU told the UC that PASCAN was waiting on
several parts to come through the mail in order to finish building additional silencers.
LATU also told the UC that PASCAN was working on building 1911s pistols. LATU
told the UC that they believed to be referring to him, TUCKER, and PASCAN would
continue with the regular orders/purchases of the AR-15 type rifles and silencers.
BB.
September 15, 2015 LATU and TUCKER Sell Five Short-Barreled AR-15 Type
Rifles and Five Silencers
LATU and TUCKER at La-Z-Boy located at 756 Ikea Court, West Sacramento, CA.
During the meeting, the UC purchased five unserialized, unmarked short barreled AR-15
type rifles and five unserialized, unmarked silencers from LATU and TUCKER. The UC
paid LATU $14,000.00 for the rifles and silencers. ATF agents subsequently measured
the barrel-length of the five short-barreled rifles sold by LATU and determined that they
were approximately 11.75 inches long.
44
87. Also during the meeting, TUCKER told the UC that he had ordered 25 lower parts kits
and 25 upper receivers. TUCKER told the UC that he would be ordering the other 25
lower parts kits and 25 upper receivers in the following weeks. TUCKER told the UC
that an individual down south (believed to be referring to the Los Angeles area) was
providing the upper receiver parts and TUCKER estimated that obtaining 50 upper
receivers would take approximately 2 weeks. TUCKER told the UC that the lower
receivers would only take three days to be shipped. TUCKER told the UC that his parts
supplier was shipping the parts to TUCKER labeled as auto parts. TUCKER also told the
UC that he wanted to have rifles ready and available for the UC when he called in the
future.
CC.
September 16, 2015 LATU Sells Eight Silencers
88. On September 16, 2015, after arranging a meeting with LATU, the UC met LATU at LaZ-Boy located at 756 Ikea Court, West Sacramento, CA. During the meeting, the UC
45
purchased eight unserialized, unmarked silencers from LATU for $8,000. Also during the
meeting, LATU asked the UC if there was any possibility that the UC would be interested
in purchasing seven silencers and five AR-15 type rifles. The UC told LATU that the UC
would be out of town next week and would try to purchase them the following week.
DD.
September 28, 2015 LATU Sells Five AR-15 Type Rifles and One Silencer
89. On September 28, 2015, after arranging with LATU to meet and conduct a firearms
transaction, the UC met LATU at the Five Guys Burger and Fries located at 768 Ikea
Court, West Sacramento. During the meeting LATU sold the UC five unserialized,
unmarked AR-15 type rifles and one unserialized, unmarked silencer for $10,000.
90. Also during the meeting, LATU told the UC that he had been working on getting all the
firearms together. LATU told the UC that they believed to be referring to LATU,
TUCKER and PASCAN had completed half (25) of the rifles discussed for the next
transaction, which was planned to include 50 rifles. LATU told the UC that all 50 rifles
should be completed within the next couple days. LATU told the UC that PASCAN was
asking if the purchasers wanted the silencers permanently affixed to the rifles. The UC
told LATU to attach the silencers on the rifles hand tight. LATU told the UC that he was
going to consolidate all the rifles at his residence. Then when PASCAN and TUCKER
46
completed the remaining rifles, they referring to PASCAN and TUCKER could meet
the UC at LATUs residence.
EE.
Cellular Telephone Pen Register Analysis Connects BENNETT to the Conspiracy
91. During the course of this investigation, ATF agents obtained telephone numbers for
LATU, TUCKER, PASCAN, and BENNETT and analyzed their pen register data. Pen
register data for the cellular telephones used by TUCKER and LATU, respectively, show
that TUCKER called BENNETTs cell phone approximately 155 times between
September 3, 2015 and September 16, 2015, and LATU called BENNETTs cell phone
approximately 116 times between July 19, 2015, and September 15, 2015.
92. Additional Pen Register analysis shows that on the day of numerous gun sales involving
the UC and LATU in July, August, and September 2015, LATU and TUCKER had
multiple contacts with BENNETTs cell phone. Specifically, on July 20, 2015, when the
UC purchased one unserialized, unmarked AR-15 type rifle; one unserialized, unmarked
AR-15 type rifle; and one unserialized, unmarked silencer from LATU, LATU had 15
text message and/or phone call communications with BENNETT. On August 4, 2015,
when the UC purchased four unserialized, unmarked AR-15 type rifles and five
unserialized, unmarked silencers from LATU, LATU had 8 text message and/or phone
call communications with BENNETT. On August 27, 2015, when the UC purchased two
unserialized, unmarked AR-15 type rifles; one unserialized, unmarked AR-15 type short-
47
barreled rifle; and three unserialized, unmarked silencers from LATU, LATU had 2 text
message and/or phone call communications with BENNETT. On September 8, 2015,
when the UC purchased five unserialized, unmarked short-barreled AR-15 type rifles
from LATU, TUCKER had one text message and/or telephone call communication with
BENNETT. On September 15, 2015, when the UC purchased five unserialized,
unmarked short-barreled AR-15 type rifles and five unserialized, unmarked silencers
from LATU and TUCKER, TUCKER had 13 text message and/or telephone call
communications with BENNETT. And on September 16, 2015, when the UC purchased
eight unserialized, unmarked silencers from LATU, TUCKER had 2 text message and/or
telephone call communications with BENNETT.
93. Through database checks and other investigations, ATF agents have learned that the
subscriber for BENNETs cell phone is listed as Brooke Espinosa. By examining
BENNETTs Facebook friends, ATF agents were able identify Brooke Espinosa to be in
a romantic relationship with BENNETT. By examining the volume of telephone calls
and the dates of the phone calls, based on my training and experience and knowledge of
this investigation, specifically, the multiple communications between LATUs and
BENNETTs cellular telephone on the dates of gun sales involving LATU and the UC, I
believe that BENNETT utilized a cellular telephone subscribed in his girlfriends name. I
also know, based on my training and experience, that individuals engaging in illegal
activities, such as firearms trafficking, who conduct their illegal activities over cellular
telephones, commonly use cellular telephones subscribed to someone other than them,
often a relative or friend, in order to conceal their illegal activities.
Law Enforcement Establishes the Addresses of LATU, TUCKER, PASCAN,

BENNETT, and WHITE
FF.
LATUs Residence is 9166 Aegina Court, Elk Grove, California

94. On September 24, 2015, I queried the Accurint law enforcement database system which
listed LATUs residence as 9166 Aegina Court, Elk Grove, California, as further
described in Attachment A-1.
95. On September 17, 2015, a West Sacramento Police Officer observed LATUs known
vehicle, a 2014 Dodge Ram pickup truck, parked in front of the residence at 9166 Aegina
Court, Elk Grove, California. Furthermore, data generated by the GPS tracker affixed to
LATUs pickup truck and geo-location data from LATUs cellular telephone indicated
that he frequently travels to and resides at 9166 Aegina Court, Elk Grove, California.
48
96. Although LATUs Dodge Ram pickup truck is registered to 7400 Troon Way,
Sacramento, California, based on my training, experience, and knowledge of this
investigation, I understand that the Troon Way address was LATUs previous address
and based on Accurint information, GPS tracker data, and geo-location data, LATU
moved out of the Troon Way address to the 9166 Aegina Court address.
GG.
TUCKERs Residence is 220 N Patton Avenue, Stockton, California
listed Charles TUCKERs residence as 220 N Patton Avenue, Stockton, California,
98. According to the California Department of Motor Vehicles, TUCKERs current address
is 220 N Patton Avenue, Stockton, California 95215.
HH.
PASCANs Residence is 2825 Donner Trail Court, Riverbank, California
listed Ionel PASCANs residence as 2825 Donner Trail Court, Riverbank, California, as
100.
According to the California Department of Motor Vehicles, PASCANs current
mailing address is 2825 Donner Trail Court, Riverbank, California 95367.
II.
BENNETTs Residence is 124 S Tulsa Avenue, Stockton, California

101.
On September 24, 2015, I queried the Accurint law enforcement database system
which listed BENNETTs residence as 124 S Tulsa Avenue, Stockton, California, as
102.
According to the California Department of Motor Vehicles, BENNETTs current
mailing address is 124 S Tulsa Avenue, Stockton, California 95215.
103.
Furthermore, geo-location data provided by BENNETTs cellular telephone
showed that BENNETT arrived at the 124 S Tulsa Avenue, Stockton, California, address
at approximately the end of the work day and/or in the evening and that he was frequently
at that address in a manner consistent with residing at that address.
49
JJ.
WHITEs Residence is 301 Brunswick Drive, Vallejo, California

104.
On September 30, 2015, ATF agents and West Sacramento Police Officers
conducted surveillance at 301 Brunswick Drive, Vallejo, California, as further described
in Attachment A-5, observing WHITE exiting and entering the residence.
105.
According to the California Department of Motor Vehicles, as of June 10, 2015,
WHITE has a registered address of 1310 Alma Ave, W307, Walnut Creek, CA 94596.
However, I believe that the above-referenced address is not WHITEs address. Based on
my training and experience and discussions with other law enforcement agents,
individuals involved with illegal activity, such as trafficking firearms without a license,
often utilize multiple addresses to either confuse and/or avoid detection by law
enforcement. Furthermore, according to the California Department of Motor Vehicles, as
of July 27, 2012, WHITEs driver license listed his address as 301 Brunswick Drive,
Vallejo, California 94591. Additionally, according to the California Department of
Motor Vehicles, as of August 8, 2012, a secondary registered address for WHITE is 301
Brunswick Drive, Vallejo, California 94591. Furthermore, on September 29, 2015, the
Walnut Creek Police Department (WCPD) responded to a phone call originating from
apartment W307 at 1310 Alma Avenue. During the interview, WCPD was able to
determine that WHITE did not reside at that address. This information was then given to
West Sacramento Police Department and ATF agents.
Probable Cause To Search BENNETTs Work Lockers, #405 & #406

106.
ATF agents have spoken with BENNETTs employer, the San Joaquin County
Sheriffs Office, and understand that BENNETT is a correctional officer at the San
Joaquin County Jail. Based on this conversation, I know that BENNETT possesses two
personal lockers at the San Joaquin County Jail, locker #405 and locker #406. Pursuant
to the policy of BENNETTs employer, as a correctional officer BENNETT is not
permitted to possess a cellular telephone during work hours in the jail. A representative
of the San Joaquin County Sheriffs Office has informed ATF agents that correctional
officers typically store their cellular telephones in their personal lockers at the jail or in
their vehicles. As stated throughout this affidavit, BENNETT has frequently used his
cellular telephone to communicate with LATU and TUCKER on the specific days that
LATU and/or TUCKER engaged in illegal firearms sales with the UC. I also believe that
the facts set forth in this affidavit establish that BENNETT engaged in the illegal
manufacture and distribution of firearms. Based on my training, experience, and
knowledge of this investigation, and as set forth throughout this affidavit, I understand
that individuals who manufacture and/or distribute firearms for sale frequently keep
evidence of their illegal activity stored on their cellular telephones. Accordingly,
50
probable cause exists to believe that evidence of criminal activity specifically,

BENNETTs cellular telephone exists inside BENNETTs work locker.
107.
Furthermore, based on my training, experience, and knowledge of this
investigation, I understand that law enforcement officers commonly keep their firearms
both government issued and personal in their work lockers. Because probable cause
exists to believe that BENNETT was engaged in the unlawful manufacturing and
distribution of firearms based on the facts set forth in this affidavit, and because I know
that law enforcement officers commonly keep firearms in their work lockers, probable
cause exists to believe that firearms parts, components, and/or completed firearms
manufactured by BENNETT out of components evidence of BENNETTs illegal
manufacturing and sale of firearms are contained inside his work locker.
108.
Therefore, for the foregoing reasons, and because there is probable cause to
believe that evidence, fruits, proceeds, or instrumentalities, as described in Attachment
B hereto, are contained in BENNETTs work lockers lockers #405 and #406, as
described further in Attachment 6.
Training and Experience Related to Firearms Trafficking

109.
I know from my training, experience, and discussions with other experience law
enforcement officials that firearm traffickers and/or manufacturers frequently possess the
following evidence of their unlawful activity in their residences, shops, storage units,
vehicles, and/or on their persons:
a. Firearms, lower receivers, upper receivers, grips, stocks, magazines, magazine
repair kits, trigger assemblies, blanks, and barrels,
b. Information concerning where and from whom the trafficker/manufacturer
purchased firearms or firearm parts,
c. Information concerning where and to whom the trafficker/manufacturer sold
firearms or firearm parts,
d. Firearm records (purchase/sale, method of payment), documents related to milling
of the firearms, notes or other documentation concerning profits made (i.e.,
comparing cost of purchase vs. cost of sale),
e. Information concerning methods used to advertise the availability of their
firearms or firearm parts for purchase,
51
f. Photos of their firearms or firearm parts for purposes of advertising for sale, to
keep track of their inventory, for insurance in case of theft, etc.
g. Written, recorded oral, or digital communications with associates involved in the
purchase/sale of firearms or firearm parts,
h. Written statements showing profits made from the sale of firearms or firearm
parts for internal purposes,
i. Bank deposit records, checking account records, and other financial
documentation showing the purchase of firearms or firearm parts, the securing of
cash to purchase firearms, and the depositing of cash proceeds from the sale of
firearms,
j. Cell phone records which show the phone number and subscriber information,
and numbers called/received,
k. Indicia of persons in control over a premises where the above items are found,
including addressed mail, material in the premises with personal identification
information, photographs of persons in or about the location, etc.
l. Tools and equipment associated with the manufacture of firearms, including CNC
machines, drills, drill presses, lathes, welding equipment, jigs, hack saws, power
saws,
m. Templates, diagrams, instruction manuals, pamphlets, or other tutorial material
regarding the manufacture of firearms.
110.
I know from my training and experience and discussions with experience law
enforcement officers, that individuals that own firearms store the firearms in safes, gun
safes, locked cabinets, and/or other secured containers. I also know that individuals that
possess firearms typically store their firearms in their homes. They store their firearms in
their homes for a number of reasons, including, to safely and securely store the firearm,
for quick access to the firearm for personal and property protection, and for convenient
access for use of firearms for sporting purposes.
111.
I know that firearm traffickers and/or manufacturers, as well as criminal coconspirators generally, use cellular telephones to communicate with one another, either
by voice or text message. Cellular telephones are digital devices that preserve in their
52
memory a history of incoming, outgoing, and missed calls, which can lead to evidence of
the telephone numbers of other firearm traffickers and/or manufacturers and the dates and
times that they and/or the mobile telephone user dialed one anothers telephones.
Cellular telephones also contain in their memory a telephone book. This allows the user
to store telephone numbers and other contact information; the information stored in a
telephone used by firearm traffickers and/or manufacturers is evidence of the associations
of the firearm traffickers and/or manufacturers, some of which are related to his or her
illegal business. Cellular telephones also contain in their memory text messages sent,
received, and drafted by the mobile telephone user. The text message history of a firearm
traffickers and/or manufacturers mobile telephone can contain evidence of firearm
trafficking and/or manufacturing because it shows the communications or planned
communications of a firearm trafficker and/or manufacturer and the telephone numbers
of those with whom the firearm trafficker and/or manufacturer communicated or intended
to communicate. Cellular telephones also have a voicemail function that allows callers to
leave messages when the telephone user does not answer. Firearms traffickers and/or
manufacturers sometimes leave voice messages for each other and this is evidence both
of their mutual association and possibly their joint criminal activity. Cellular telephones
can also contain other user-entered data files such as to-do lists, which can provide
evidence of crime when used by firearm traffickers and/or manufacturers. Cellular
telephones can also contain photographic data files, which can be evidence of criminal
activity when the user was a firearms trafficker who took pictures of evidence of crime.
Cellular telephone companies also store the data described in this paragraph on their own
servers and associate the data with particular users mobile telephones.
112.
It has been my experience in the past, and particularly in this case, that when
suspects utilize cellular telephones to communicate with cooperating individuals or
undercover agents to set up the purchase of guns, records relating to these activities will
be found stored in the cellular telephone. And, as relevant to this case, the firearm
traffickers and/or manufacturers in this case, LATU, TUCKER, BENNETT and
PASCAN, have used in the course of this investigation; text messaging to communicate
about their ongoing trafficking and/or manufacturing in firearms. Based on my training
and experience and knowledge of this investigation, I believe that TAMASOA, ORTIZ,
and WHITE have likely communicated via text messaging with each other and/or other
potential buyers of firearms.
113.
In my experience, firearm traffickers and/or manufacturers may take or cause to
be taken, photographs or videotapes of themselves, their associates, their property, and
their product. Such traffickers often maintain photographs and/or videotapes at their
residence or in the areas under their control.
53
114.
Repeated firearm trafficking and/or manufacturing activity over lengthy periods
of time generates greater amounts of evidence. Many items of evidentiary value,
particularly computer and documentary evidence, are not illegal to possess and, therefore,
not overtly incriminating in the criminal's view. It is also a common practice for firearm
traffickers and/or manufacturers to maintain personal property used or obtained in their
criminal activities and which constitute evidence of their crimes for extended periods of
time.
115.
As a result of my experience and training, I have learned that firearm traffickers
and/or manufacturers maintain and tend to retain accounts or records of those
transactions. Such records detail amounts outstanding, owed, or expended, along with
records tending to indicate the identity of co-conspirators and these records may be kept
on paper or contained in digital storage devices. It is also my experience that these
traffickers and/or manufacturers tend to keep these accounts and records in their
residence and in the areas under their control. Through my training and experience, I
know that the business of firearms trafficking and/or manufacturing is similar to drug
trafficking and by analogy in the case of drug dealers, evidence is likely to be found
where the dealers live. See United States v. Angulo-Lopez, 791 F.2d 1394, 1399 (9th Cir.
1986). It is also my training and experience that where criminal activity is long-term or
ongoing, equipment and records of the crime will be kept for some period of time. See
United States v. Greany, 929 F.2d 523, 525 (9th Cir. 1991).
116.
Based upon my training and experience, the above-described documentary
evidence can be in paper form, or may be in digital form stored on computers, smart
phones, digital notebooks, personal computers or any other type of digital storage device
(e.g. thumb drives, external hard drives, etc.). Although the above-described material and
the devices holding the material would most likely be in their residence, it is also often
found in their personal vehicles, in their personal work areas (desks, lockers, etc.) where
they work, and/or rented storage lockers. In addition, since many persons these days
carry their cellular telephones and, sometimes, digital notebooks, laptop computers, on
their persons, it is often necessary to search and seize these items from the firearm
traffickers and/or manufacturers person to secure this evidence.
117.
I know, based on my training and experience, that the number of firearm
traffickers and/or manufacturers using computers and electronic information storage
devices, like the general population as a whole, is steadily increasing, and such computer
hardware, software, documentation, passwords, and electronic information storage
devices may be instrumentalities, fruits, or evidence of crimes. Moreover, such
computers and electronic information storage devices offer firearm traffickers and/or
manufacturers and distributors convenient devices for recording information concerning
54
firearms, including sources, co-conspirators and customers, records of purchases and

sales, and any other information deemed pertinent by the firearm traffickers and/or
manufacturers and distributor. Much of the electronic media storage devices, such as
floppy disks, zip disks, thumb drives, CD-ROMs, SD memory cards, are very small,
detachable, portable, and can be secreted in small containers, such as safes and clothing
pockets. I also know, based on my training and experience, that firearm traffickers
and/or manufacturers often communicate with their criminal associates and with potential
buyers through the use of electronic mail, instant messaging, text messaging, telephone
answering machines, voicemail, pagers, and telephones (cellular and land line). To the
firearm traffickers and/or manufacturers, these communication devices are part of their
normal business equipment.
118.
I also know from my training, experience and from discussions with other law
enforcement officials that persons with an FFL (which licenses them to sell or
manufacture firearms to the public), who engage in unlawful firearm sales frequently
have the below-described materials in addition to the above-described material, which is
frequently evidence needed to prove the unlawful activity:
a. Records concerning firearm manufacturing, purchases, and sales including, but
not limited to, the dealers Firearms Receipt and Disposition book which is
required by federal regulations to be kept by persons with an FFL, ATF Forms
4473 (required for each firearm sale), inventory tracking documents, shipping
boxes and labels, correspondence with the firearms suppliers or firearms
purchasers, California Dealer Of Record Sale (DROS) records, books, receipts,
invoices, notes, ledgers, and pay/owe sheets.
b. Records showing private party transfers conducted by the FFL.
c. Photographs of firearms/silencers or firearm/silencers parts purchased or sold.
d. Indicia of persons in control of, and working at, the premises.
e. The above-described documentary evidence may be in paper form, or may be in
digital form stored on computers, smart phones, digital notebooks, lap-tops or
other digital storage device.
119.
As described above, this Affidavit seeks permission to search and seize things that
are related to the ongoing conspiracy between LATU, TUCKER, PASCAN, BENNETT,
and WHITE in whatever form such things are stored. Accordingly, based on the
investigation in this case and my training and experience, I believe that items listed in
55
Attachment B will be found on the persons and in the vehicles and locations listed in
Attachments A-1 through A-6.
120.
Based on my knowledge, training, and experience, I know that electronic devices
can store information for long periods of time. Even when a user deletes information
from a device, it can sometimes be recovered with forensics tools. Similarly, things that
have been viewed via the Internet are typically stored for some period of time on the
device. This information can sometimes be recovered with forensics tools. Accordingly,
the digital evidence, to include, but not limited to, computers, cellular telephones, digital
devices, and electronic storage media, seized pursuant to this search warrant will be
handled according to the protocol set out in Attachment C.
Request to Seal
121.
This criminal investigation is ongoing. Disclosure of the contents of this
Affidavit at this time could seriously impede the continuing investigation and potential
prosecution by prematurely disclosing the details of the United States investigation.
This could potentially cause subjects of the investigation to flee, destroy evidence, or
intimidate and attempt to corruptly influence potential witnesses in the case. Also,
potential interviewees would be able to identify specific subjects of the investigation and
could fabricate responses in order to avoid possible criminal liability. Accordingly, I
respectfully request that the Court issue an order sealing this search warrant application
and Affidavit until further order of this Court, with the exception that copies of the search
warrant will be left at the scene of each search location and copies will be used by law
enforcement as part of the execution of these search warrants and the continuing
investigation.
Conclusion
122.
Based on the foregoing facts set forth in this Affidavit, I believe there is probable
cause to support the issuance of arrest warrants and criminal complaints charging:
56
a. Joseph LATU with violations of 18 U.S.C. 922(a)(1)(A) (dealing firearms

(conspiracy to commit the foregoing offenses);
b. Algernon TAMASOA with violations of 18 U.S.C. 922(a)(1)(A) (dealing
firearms without a license), 18 U.S.C. 371 (conspiracy to deal firearms without
a license), and 21 U.S.C. 841(a)(1) (distribution of MDMA);
c. John ORTIZ with violations of 18 U.S.C. 922(a)(1)(A) (dealing firearms
license);
d. Charles TUCKER with violations of 18 U.S.C. 922(a)(1)(A) (dealing firearms
(conspiracy to commit the foregoing offenses)
e. Ionel PASCAN with violations of 18 U.S.C. 922(a)(1)(A) (dealing firearms
(conspiracy to commit the foregoing offenses); and
f. Keith WHITE with violations of 18 U.S.C. 922(a)(1)(A) (dealing firearms
license).
123.
Further, based on the foregoing facts set forth in this Affidavit, probable cause
exists to believe that the following residences contain evidence, fruits, proceeds, or
instrumentalities, as described in Attachment B hereto, of violations of 18 U.S.C.
922(a)(1)(A) (unlawful dealing in firearms); 26 U.S.C. 5861(f) (unlawful
manufacturing of a firearm); 26 U.S.C. 5861(i) (possession of an unserialized firearm);
and 18 U.S.C. 371 (conspiracy to commit the foregoing offenses). Accordingly, this
Affidavit is offered in support of search warrants for:
a. 9166 Aegina Court, Elk Grove, California 95822 (the residence of Joseph LATU),
as further described in Attachment A-1.
b. 220 N Patton Avenue, Stockton, California 95215 (the residence of Charles
TUCKER), as further described in Attachment A-2.
57
d. 124 S Tulsa Avenue, Stockton, California 95215 (the residence of David
BENNETT), as further described in Attachment A-4.
e. 301 Brunswick Drive, Vallejo, California (the residence of Keith WHITE), as
I swear, under
ofmy
1
penalty fperjury, that the foregoing information is true and correct to the best
ATF Special Agent

Sworn and Subscribed to me on October j_, 2015,
'
Hon. ALLISON CLAIRE
United States Magistrate Judge
Approved as to form:
'
cLP-~~
CHRISTIAAN HIGHSMITH
Assistant United States Attorney
58
ATTACHMENT A-1
Description of the Location to be Searched
The residence of Joseph LATU located at 9166 Aegina Court, Elk Grove, California 95822.
9166 Aegina Court, Elk Grove, California consists of a two-story residence with an attached
three car garage. The residence, located on the west side of Aegina Court, has gray colored walls
with the trim painted white. The number "9166" is affixed to the wall by the garage door facing
Aegina Court. A wooden fence surrounds the rear of the premises with the entrance on the south
side of the residence.
The authority to search this location includes:
1. The persons of:
a. Joseph LA TU
2. Red 2004 Dodge Ram 1500 with California license plate 38407L1 , registered to
Joseph LATU, 7400 Troon Way, Sacramento, California.
3. The search of this location shall also include all rooms, annexes, attics, basements,
garages, carports, outside yard, curtilage, mailboxes, trash containers, debris boxes,
storage lockers and areas, cabinets, sheds and outbuildings associated with the
premises and shall extend into desks, safes, briefcases, purses, trash receptacles,
electronic storage devices, and other storage locations within the premises in which
items in Attachment B may be found.
4. The search of this location shall also authorize officers conducting the search to
require the production of identification of any person reasonably believed by the
officers to have possession and control of the premises. Any and all persons within
the premises shall be subject to a patdown safety search to ensure officer safety.
5. The search of this location, in the interest of public safety and common law
enforcement practice, shall allow law enforcement officers to make any weapon on
the property safe by removing the source of ammunition and ensuring that there are
no rounds of ammunition in the chamber.
Attachment A
ATTACHMENT A-2
The residence of Charles TUCKER located at 220 N Patton Avenue, Stockton, California 95215 .
220 N Patton Avenue, Stockton, California consists of a one-story residence with an attached one
car garage. The residence, located on the east side ofN Patton Avenue, has blue-gray colored
walls with the trim painted white. The number "220" is affixed to the mail box facing N Patton
Avenue.
1. The persons of:
a. Charles TUCKER.
storage lockers and areas, cabinets, sheds and outbuildings associated with the premises
and shall extend into desks, safes, briefcases, purses, trash receptacles, electronic storage
devices, and other storage locations within the premises in which items in Attachment B
may be found.
3. The search of this location shall also authorize officers conducting the search to require
the production of identification of any person reasonably believed by the officers to have
possession and control of the premises. Any and all persons within the premises shall be
subject to a patdown safety search to ensure officer safety.
4. The search of this location, in the interest of public safety and common law enforcement
practice, shall allow law enforcement officers to make any weapon on the property safe
Attachment A
by removing the source of ammunition and ensuring that there are no rounds of
ammunition in the chamber.
Attachment A
ATTACHMENT A-3
The residence of Ionel PAS CAN located at 2825 Donner Trail Court, Riverbank, California
95367.
2825 Donner Trail Court, Riverbank, California consists of a two-story residence with an
attached two car garage. A wrought-iron fence protects the front main entrance. The residence,
located on the north side of Donner Trail Court, has red-sand colored walls with the trim painted
tan. The number "2825" is affixed to the wall by the garage door facing Donner Trail Court. A
wooden fence surrounds the rear of the premises with the entrance on the west side of the
residence.
1. The person of:
a. Ionel PASCAN.
Attachment A
may be found.
4. The search ofthis location, in the interest of public safety and common law enforcement
Attachment A
ATTACHMENT A-4
The residence of David BENNETT located at 124 S Tulsa Avenue, Stockton, California 95215 .
124 S Tulsa Avenue, Stockton, California consists of a one-story residence. The residence,
located on the east side of S Tulsa Avenue, has blue-gray colored walls with the trim painted
white. A wooden fence surrounds the rear of the premises with a large opening on the north side
of the residence. Further to the rear of the premises is a double-wide single-story mobile home
with blue colored walls and white painted trim. The windows of the mobile home are secured
with wrought-iron security bars.
1. The person of:
a. David BENNET.
Attachment A
garages, carports, outside yard, curtilage, mobile trailers, mailboxes, trash containers,
debris boxes, storage lockers and areas, cabinets, sheds and outbuildings associated with
the premises and shall extend into desks, safes, briefcases, purses, trash receptacles,
electronic storage devices, and other storage locations within the premises in which items
in Attachment B may be found .
practice, shall allow law enforcement officers to make any weapon on the property .safe
Attachment A
ATTACHMENT A-5
The residence of Keith WHITE located at 301 Brunswick Drive, Vallejo, California 94591.
301 Brunswick Drive, Vallejo, California consists of a one-story residence with an attached two
car garage, located on the east side of Brunswick Drive. The building is painted tan and the
number "301" is affixed to the wall by the garage door facing Brunswick Drive.
1. The person of:
a. Keith WHITE.
may be found.
Attachment A
4. The search of this location, in the interest of public safety and common law enforcement
Attachment A
ATTACHMENT B
List of Items to be Seized
The following items constitute evidence, fruits, proceeds, and instrumentalities of violations of
18 U.S.C. 922(a)(1)(A) (unlawful dealing in firearms); 26 U.S.C. 5861(f) (unlawful
manufacturing of a firearm) ; 26 U.S.C. 5861(i) (possession of an unserialized firearm) ; and 18
U.S.C. 371 (conspiracy to commit the foregoing offenses).
1.
Any firearm that does not have a lawful manufacturer stamp and serial number, any firearm
or ammunition not legally possessed under 18 U.S.C. 922(g) (e.g. the possessor is an
illegal immigrant or felon), any unregistered firearm (where registration is required by Title
26 of the United States Code), and blanks of any kind (including AR-15 blanks).
2.
Any items pertaining to the possession, manufacture, or distribution of illegal firearms,

including but not limited to, lower receivers, upper receivers, grips, stocks, magazines,
trigger assemblies, and barrels for AR-15-style firearms.
3.
Any tools and/or equipment associated with the manufacture of firearms, including but not
limited to drills, drill presses, lathes, welding equipment, jigs, hack saws, power saws,
templates, diagrams, instruction manuals, pamphlets, or other tutorial material regarding
the manufacture of firearms.
4.
Photographs developed and undeveloped and/or videotapes or DVDs/CDs of firearms,

firearm transactions, firearm parts, large sums of money and/or co-conspirators and
paperwork showing the purchase, storage, disposition, or dominion and control over any
firearms, firearm parts, ammunition, or any of the items described in Attachment B.
5.
Records relating to the acquisition and distribution and repair of firearms, firearms parts,
tools and/or equipment associated with the manufacture of machineguns, short barreled
rifles and/or other firearms, including but not limited to ATF Forms 4473, California
Dealer Of Record Sale (DROS) records, books, receipts, invoices, notes, ledgers, and
pay/owe sheets.
6.
Personal telephone books, telephone records, telephone bills, address books,

correspondence, notes, and papers containing names and/or telephone numbers that tends
to establish communication between co-conspirators.
7.
Digital evidence of items described in Attachment B, including items listed in Attachment

C.
8.
Evidence and records relating to the accumulation of proceeds derived from illegal firearms
trafficking and manufacturing.
Attachment B
9.
United States currency in excess of $2,000, including any and all financial records to
facilitate the investigation of the laundering of illicitly obtained monies and/or other forms
of assets, including United States currency acquired through the sales, trafficking, or
manufacturing of illegal firearms.
10.
Rental or lease agreements for storage units, safety deposit boxes, other storage locations,
keys, combinations, and/or access codes for them.
11.
Indicia of occupancy, residency, and/or ownership of the items noted above and of the
premises, including but not limited to, papers, correspondence, canceled envelopes,
canceled postcards, bills, and registration documents.
12.
Any safes, locked cabinets, and/or o~her secured containers and/or devices at the
locations and in/on vehicles identified in Attachments A-1 - A-5 . Law enforcement
shall be permitted to open such locked containers by force or through the use of a
locksmith if necessary.
13.
Permission to answer, record, monitor, note, and converse with callers who appear to be
calling in regards to firearms trafficking on any telephone or cellular phone within the
locations set forth in Attachment A-1 - A-5 without revealing the officer' s true
identities.
14.
Any vehicles and mobile conveyances used and/or associated with unlawful trafficking
and manufacturing of firearms, including transporting of any such firearms, firearm parts,
or blanks.
15.
Any computer numerical control ("CNC") 1 machines and/or parts/tools associated with
the use and/or association of the manufacturing and/or modifying of firearms, firearm
parts, AR-15 blanks (and firearm blanks of any kind) machineguns and/or machinegun
parts including but not limited to templates, cutting programs, diagrams, instruction
manuals, pamphlets, or other tutorial material regarding the manufacture of firearms.
16.
The contents of any surveillance camera or surveillance system used at any of the locations
identified in Attachments A-1- A-5.
A machine utilizing a type of programmable automation, directed by mathematical data, which uses
microcomputers to carry out various machining operations.
Attachment B
ATTACHMENT C
Computer and Electronic Evidence Protocol
Based upon the facts and circumstances described above, there is probable cause to believe that
evidence of the criminal violations previously described are maintained on computers, cellular
telephones, digital devices, and electronic storage media as described in this attachment at the
locations described with particularity in Attachment A-1- A-5.
This Affidavit seeks permission to search for and seize evidence of the crimes described above
stored on computers and electronic/digital devices (collectively "digital devices"), as well as any
digital devices that constitute fruits and instrumentalities of the crimes. In preparing this
Affidavit, I have consulted with experienced law enforcement agents who have received
extensive training in the forensic examination of computers and digital devices. These agents
related some of the technical information detailed below.
1. Based upon my training and experience, and information related to me by agents and
others involved in the forensic examination of computers and digital devices, I know that
data in digital form can be stored on a variety of systems, and storage devices, or media
including hard disk drives, floppy disks, compact disks, magnetic tapes, flash drives, and
memory chips. Some of these devices can be smaller than a thumbnail and can take
several forms, including thumb drives, secure digital media used in phones and cameras,
personal music devices, and similar items.
2. Based upon my training and experience, and the investigation to date, I believe that
computers, digital devices, and digital records and evidence will be found at locations
identified in Attachment A-1 through A-5 .
computers and digital devices are often used to store information, very much the same
way paper, ledgers, files and file cabinets are used to store information. I know that it is
common today for individuals and businesses to utilize computers to conduct their legal
and/or illegal business and to store information related thereto. I know based on my
training and experience, including prior investigations specifically related to the
trafficking of firearms, that subjects who are engaged in this illegal activity commonly
store information related to their activities on computers and digital devices.
Attachment C
REMOVAL OF DATA STORAGE DEVICES FOR REVIEW

IN A LABORATORY SETTING MAY BE REQUIRED
a forensic image is an exact physical copy of a data storage device. A forensic image
captures all data on the subject media without viewing or changing the data in any way.
Absent unusual circumstances, it is essential that a forensic image be obtained prior to
conducting any search of data for information subject to seizure pursuant to the warrant.
I also know that during the search of the premises it is not always possible to create a
forensic image of or search digital devices or media for data. I also know that it is
frequently necessary to remove digital devices or media for later laboratory evaluation
off-site under controlled circumstances. This is true for a number of reasons, including
the following :
a. Searching digital devices can be a highly technical process that requires specific
expertise and specialized equipment. Because there are so many different types
of digital devices and software in use today, it is difficult to anticipate all of the
necessary technical manuals, specialized equipment, and specific expertise
necessary to conduct a thorough search of the media to ensure that the data will be
preserved and evaluated in a useful manner.
b. Searching digital devices can require the use of precise, scientific procedures
designed to maintain the integrity of the evidence. The recovery of such data may
require the use of special software and procedures, such as those used in a law
enforcement laboratory.
c. The volume of data stored on many digital devices is typically so large that it will
be highly impractical to search for data during the execution of the physical
search of the premises. Storage devices capable of storing five hundred gigabytes
of data are now commonplace in desktop computers. It can take several hours, or
even days, to image a single hard drive. The larger the drive, the longer it takes.
Depending upon the number and size of the devices, the length of time that agents
must remain onsite to image and examine digital devices can become impractical.
d. Because digital data may be vulnerable to inadvertent modification or destruction,
a controlled environment, such as a law enforcement laboratory, may be essential
to conduct a complete and accurate analysis of the digital devices from which the
data will be extracted. Software used in a laboratory setting can often reveal the
true nature of data. Moreover, a computer forensic reviewer needs a substantial
Attachment C
amount of time to extract and sort through data that is concealed or encrypted to
determine whether it is evidence, contraband, or an instrumentality of a crime.
e. Analyzing the contents of a computer or other electronic storage device, even
without significant technical difficulties, can be very challenging, and a variety of
search and analytical methods must be used. For example, searching by
keywords, which is a limited text based search, often yields thousands of hits,
each of which must be reviewed in its context by the examiner to determine
whether the data is within the scope of the warrant. Merely finding a relevant hit
does not end the review process. The computer may have stored information
about the data at issue which may not be searchable text, such as: who created it;
when and how it was created, downloaded, or copied; when it was last accessed;
when it was last modified; when it was last printed; and when it was deleted. The
relevance of this kind of data is often contextual. Furthermore, many common
email, database, and spreadsheet applications do not store data as searchable text,
thereby necessitating additional search procedures. To determine who created,
modified, copied, downloaded, transferred, communicated about, deleted, or
printed data requires a search of events that occurred on the computer in the time
periods surrounding activity regarding the relevant data. Information about which
users logged in, whether users shared passwords, whether a computer was
connected to other computers or networks, and whether the users accessed or used
other programs or services in the relevant time period, can help determine who
was sitting at the keyboard.
f.
Searching digital devices can require the use of precise, scientific procedures
designed to recover latent data. The recovery of such data may require the use of
special software and procedures. Data that represents electronic files or remnants
of such files can be recovered months or even years after it has been downloaded
onto a hard drive, deleted, or viewed via the Internet. Even when such files have
been deleted, data can be recovered months or years later using readily available
forensic tools. Normally, when a person deletes a file on a computer, the data
contained in the file does not actually disappear; rather, that data remains on the
hard drive until it is overwritten by new data. Therefore, deleted files, or
remnants of deleted files, may reside in space on the hard drive or other storage
media that is not allocated to an active file . In addition, a computer's operating
system may keep a record of deleted data in a swap or recovery file or in a
program specifically designed to restore the computer' s settings in the event of a
system failure.
Attachment C
5. This warrant also seeks authority to seize contextual data (or metadata), that is, evidence
of how a digital device has been used, what it has been used for and who has used it. It
can be very important in criminal cases to seek "attribution" data so that an event or
communication can be associated with a person. Based upon my training and experience,
and information related to me by agents and others involved in the forensic examination
of computers and digital devices, this authority is sought for a number of reasons:
a. In some instances, the computer "writes" to storage media without the specific
knowledge or permission of the user. Generally, data or files that have been
received via the Internet are automatically downloaded into a temporary Internet
directory or cache. The browser typically maintains a fixed amount of hard drive
space devoted to such data or files, and the files are only overwritten as they are
replaced with more recently viewed Internet pages. Thus, the ability to retrieve
artifacts of electronic activity from a hard drive depends less on when the file was
downloaded or viewed than on a particular user' s operating system, storage
capacity, and computer usage. Logs of access to websites, file
management/transfer programs, firewall permissions, and other data assist the
examiner and investigators in creating a "picture" of what the computer was doing
and how it was being used during the relevant time in question. Given the
interrelationships of the data to various parts of the computer' s operation, this
information cannot be easily segregated.
b. Digital data on the hard drive that is not currently associated with any file may
reveal evidence of a file that was once on the hard drive but has since been
deleted or edited, or it could reveal a deleted portion of a file (such as a paragraph
that has been deleted from a word processing file). Virtual memory paging
systems can leave digital data on the hard drive that show what tasks and
processes on the computer were recently used. Web browsers, email programs,
and chat programs store configuration data on the hard drive that can reveal
information such as online nicknames and passwords. Operating systems can
record additional data, such as the attachment of peripherals, the attachment of
USB flash storage devices, and times the computer was in use. Computer file
systems can record data about the dates files were created and the sequence in
which they were created. This data can be evidence of a crime, can indicate the
identity of the user of the digital device, or can point toward the existence of
evidence in other locations (or on other devices).
c. Further, evidence of how a digital device has been used, what it has been used for,
and who has used it, may be learned from the absence of particular data on a
digital device. Specifically, the lack of computer security software, virus
Attachment C
protection, malicious software, evidence of remote control by another computer

system, or other programs and/or software that may assist in identifying the user
indirectly and may provide evidence excluding other causes for the presence or
absence of the items sought by this application. Additionally, since computer
drives may store artifacts from the installation of software that is no longer active,
evidence of the historical presence of the kind of software and data described may
have special significance in establishing time lines of usage, confirming the
identification of certain users, establishing a point of reference for usage and, in
some cases, assisting in the identification of certain users. This data can be
evidence of a crime, can indicate the identity of the user of the digital device, or
can point toward the existence of evidence in other locations. Evidence of the
absence of particular data on the drive is not generally capable of being
segregated from the rest of the data on the drive.
SEARCH PROCEDURE
6. In searching for data capable of being read, stored, or interpreted by a computer, cellular
telephone, digital device, or storage media, law enforcement personnel executing the
search warrant will employ the following procedure:
a. On-site search, if practicable. Law enforcement officers trained in computer
forensics (hereafter, "computer personnel"), if present, may be able to determine
if digital devices can be searched on-site in a reasonable amount of time and
without jeopardizing the ability to preserve data on the devices and conduct such
a search if deemed practicable. Any device searched on-site will be seized if it
contains any data falling within the list of items to be seized as set forth in the
warrant and in Attachments B and C.
b. Seizure of digital devices for off-site imaging and search. If no computer
personnel are present at the execution of the search warrant, or if they determine
that a digital device cannot be searched or imaged on-site in a reasonable amount
of time and without jeopardizing the ability to preserve data, the digital device
will be seized and transported to an appropriate law enforcement laboratory for
rev1ew.
c. Law enforcement personnel (potentially including, but not necessarily limited to,
computer personnel) will examine the digital device to determine if it contains
any data that falls within the list of items to be seized as set forth in the warrant
and in Attachment B and C.
Attachment C
d. Law enforcement personnel will use procedures designed to identify items to be

seized under the warrant. These procedures may include, without limitation, the
use of a "hash value" library to exclude normal operating system files that do not
need to be searched. In addition, law enforcement personnel may search for and
attempt to recover deleted, hidden, or encrypted data to determine whether the
data falls within the list of items to be seized under the warrant.
e. If the original digital device was seized, law enforcement personnel will perform
an initial search of the original digital device within a reasonable amount of time
not to exceed one hundred twenty days from the date of execution of the warrant.
If, after conducting the initial search, law enforcement personnel determine that
an original digital device contains any data falling within the list of items to be
seized pursuant to this warrant, the government will retain the original digital
device to, among other things, litigate the admissibility/authenticity of the seized
items at trial, ensure the integrity of the copies, ensure the adequacy of chain of
custody, and resolve any issues that potentially might be raised regarding changed
conditions of the evidence. If the government needs additional time to determine
whether an original digital device contains any data falling within the list of items
to be seized pursuant to this warrant, it may seek an extension of the time period
from the Court within the original one hundred twenty day period from the date of
execution of the warrant. Once it is determined that the device contains evidence
of the above-note federal offenses, law enforcement may view and handle the
device as law enforcement would any other seized piece of evidence.
f.
If an original digital device does not contain any data falling within the list of
items to be seized pursuant to this warrant, the government will return that
original digital device to its owner within a reasonable period of time if it can be
lawfully possessed; seal any image previously made of the device; and not review
the sealed image absent further authorization from the Court.
g. LCG AR Parts and Accessories, C&G Tool Inc., DW Machine Inc., Raptor
Magazines & AR-15 Supplies, and Rendezvous Primitive Arms are functioning
companies that appear to conduct some legitimate business. The seizure of the
company' s computers may limit the company' s ability to conduct its legitimate
business. As with any search warrant, I expect that this warrant will be executed
reasonably. Reasonable execution will likely involve conducting an investigation
on the scene of what computers, or storage media, must be seized or copied, and
what computers or storage media need not be seized or copied. Where
appropriate, officers will copy data, rather than physically seize computers, to
reduce the extent of disruption. If employees of the company so request, the
Attachment C
agents will, to the extent practicable, attempt to provide the employees with
copies of data that may be necessary or important to the continuing function of the
company's legitimate business. If, after inspecting the computers, it is determined
that some or all of this equipment is no longer necessary to retrieve and preserve
the evidence, the United States will return it.
DATA TO BE SEIZED
others involved in the forensic examination of computers and digital devices, I know that,
in order to search for data that is capable of being read or interpreted by a computer,
cellular telephone, digital device, or storage media, law enforcement personnel will need
to seize, image, copy, and/or search the following items, subject to the procedures set
forth herein:
a. Any computer equipment, cellular telephone, digital device, or storage media that
are capable of being used to commit or further the crimes outlined above, or to
create, access, or store evidence, contraband, fruits, or instrumentalities of such
crimes, as set forth in Attachments B and C.
b. Any computer equipment, cellular telephone, digital device, or storage media
used to facilitate the transmission, creation, display, encoding, or storage of data,
including word processing equipment, modems, docking stations, monitors,
printers, plotters, encryption devices, and optical scanners that are capable of
being used to commit or further the crimes outlined above, or to create, access,
process, or store evidence, contraband, fruits, or instrumentalities of such crimes,
as set forth in Attachments B and C.
c. Any magnetic, electronic, or optical storage device capable of storing data, such
as floppy disks, hard disks, tapes, CD-ROMs, CD-Rs, CD-RWs, DVDs, optical
disks, printer or memory buffers, smart cards, PC cards, memory calculators,
electronic dialers, electronic notebooks, personal digital assistants, and cell
phones capable of being used to commit or further the crimes outlined above, or
to create, access, or store evidence, contraband, fruits, or instrumentalities of such
d. Any documentation, operating logs, and reference manuals regarding the
operation of the computer equipment, mobile cellular telephone, digital device, or
storage media or software.
Attachment C
e. Any applications, utility programs, compilers, interpreters, and other software

used to facilitate direct or indirect communication with the computer hardware,
mobile cellular telephone, digital device, or storage media, or data to be searched.
f. Any physical keys, encryption devices, dongles, or similar physical items which
are necessary to gain access to the computer equipment, mobile cellular
telephone, digital device, storage media, or data.
g. Any passwords, password files , test keys, encryption codes, or other information
necessary to access the computer equipment, mobile cellular telephone, digital
device, storage media, or data to be searched.
h. All records, documents, programs, applications, or materials created, modified, or
stored in any form, including in digital form, on any computer or digital device,
that show the actual user of the computers or digital devices during any time
period in which the device was used to commit the crimes referenced above,
including the web browser' s history; temporary Internet files; cookies,
bookmarked, or favorite web pages; email addresses used from the computer;
MAC IDs and/or Internet Protocol addresses used by the computer; email, instant
messages, and other electronic communications; address books; contact lists;
records of social networking and online service usage; and software that would
allow others to control the digital device such as viruses, Trojan horses, and other
forms of malicious software (or alternatively, the lack of software that would
allow others to control the digital device).
1.
All records, documents, programs, applications, or materials created, modified, or

that show evidence of counter-forensic programs (and associated data) that are
designed to eliminate data from the computer or digital device.
J.

that show contextual information necessary to understand the evidence,
contraband, fruits, or instrumentalities described in this attachment.
RETENTION OF IMAGE
8. The United States will retain a forensic image of each digital storage device subjected to
analysis for a number of reasons, including proving the authenticity of evidence to be
used at trial; responding to any potential questions regarding the corruption of data;
Attachment C
establishing the chain of custody of data; refuting any potential claims of fabrication,
tampering, or destruction with/of data; and addressing potential exculpatory evidence
claims where, for example, a defendant claims that the United States avoided its
obligations by destroying data or returning it to a third party.
Attachment C
ATTACHMENT A-1
The residence of Joseph LATU located at 9166 Aegina Court, Elk Grove, California 95822.
9166 Aegina Court, Elk Grove, California consists of a two-story residence with an attached
three car garage. The residence, located on the west side of Aegina Court, has gray colored walls
with the trim painted white. The number "9166" is affixed to the wall by the garage door facing
Aegina Court. A wooden fence surrounds the rear of the premises with the entrance on the south
side of the residence.
1. The persons of:
a. Joseph LA TU
2. Red 2004 Dodge Ram 1500 with California license plate 38407L1 , registered to
Joseph LATU, 7400 Troon Way, Sacramento, California.
storage lockers and areas, cabinets, sheds and outbuildings associated with the
premises and shall extend into desks, safes, briefcases, purses, trash receptacles,
electronic storage devices, and other storage locations within the premises in which
items in Attachment B may be found.
4. The search of this location shall also authorize officers conducting the search to
require the production of identification of any person reasonably believed by the
officers to have possession and control of the premises. Any and all persons within
the premises shall be subject to a patdown safety search to ensure officer safety.
5. The search ofthis location, in the interest of public safety and common law
enforcement practice, shall allow law enforcement officers to make any weapon on
the property safe by removing the source of ammunition and ensuring that there are
no rounds of ammunition in the chamber.
Attachment A
ATTACHMENT A-2
The residence of Charles TUCKER located at 220 N Patton Avenue, Stockton, California 95215.
220 N Patton Avenue, Stockton, California consists of a one-story residence with an attached one
car garage. The residence, located on the east side ofN Patton Avenue, has blue-gray colored
walls with the trim painted white. The number "220" is affixed to the mail box facing N Patton
Avenue.
1. The persons of:
a. Charles TUCKER.
may be found.
Attachment A
Attachment A
ATTACHMENT A-3
The residence of Ionel PAS CAN located at 2825 Donner Trail Court, Riverbank, California
95367.
2825 Donner Trail Court, Riverbank, California consists of a two-story residence with an
attached two car garage. A wrought-iron fence protects the front main entrance. The residence,
located on the north side of Donner Trail Court, has red-sand colored walls with the trim painted
tan. The number "2825" is affixed to the wall by the garage door facing Donner Trail Court. A
wooden fence surrounds the rear of the premises with the entrance on the west side of the
residence.
1. The person of:
a. Ionel PASCAN.
Attachment A
may be found.
Attachment A
ATTACHMENT A-4
The residence of David BENNETT located at 124 S Tulsa Avenue, Stockton, California 95215 .
124 S Tulsa Avenue, Stockton, California consists of a one-story residence. The residence,
located on the east side of S Tulsa A venue, has blue-gray colored walls with the trim painted
white. A wooden fence surrounds the rear of the premises with a large opening on the north side
of the residence. Further to the rear of the premises is a double-wide single-story mobile home
with blue colored walls and white painted trim. The windows of the mobile home are secured
with wrought-iron security bars.
1. The person of:
a. David BENNET.
Attachment A
garages, carports, outside yard, curtilage, mobile trailers, mailboxes, trash containers,
debris boxes, storage lockers and areas, cabinets, sheds and outbuildings associated with
the premises and shall extend into desks, safes, briefcases, purses, trash receptacles,
electronic storage devices, and other storage locations within the premises in which items
in Attachment B may be found.
Attachment A
ATTACHMENT A-5
The residence of Keith WHITE located at 301 Brunswick Drive, Vallejo, California 94591.
301 Brunswick Drive, Vallejo, California consists of a one-story residence with an attached two
car garage, located on the east side of Brunswick Drive. The building is painted tan and the
number "30 1" is affixed to the wall by the garage door facing Brunswick Drive.
1. The person of:
a. Keith WHITE.
may be found.
Attachment A
Attachment A
ATTACHMENT B
List of Items to be Seized
The following items constitute evidence, fruits, proceeds, and instrumentalities of violations of
18 U.S.C. 922(a)(l)(A) (unlawful dealing in firearms); 26 U.S.C. 5861(f) (unlawful
manufacturing of a firearm) ; 26 U.S.C. 5861 (i) (possession of an unserialized firearm); and 18
U.S.C. 371 (conspiracy to commit the foregoing offenses).
1.
Any firearm that does not have a lawful manufacturer stamp and serial number, any firearm
or ammunition not legally possessed under 18 U.S.C. 922(g) (e.g. the possessor is an
illegal immigrant or felon), any unregistered firearm (where registration is required by Title
26 ofthe United States Code), and blanks of any kind (including AR-15 blanks).
2.
Any items pertaining to the possession, manufacture, or distribution of illegal firearms,

including but not limited to, lower receivers, upper receivers, grips, stocks, magazines,
trigger assemblies, and barrels for AR-15-style firearms.
3.
Any tools and/or equipment associated with the manufacture of firearms, including but not
limited to drills, drill presses, lathes, welding equipment, jigs, hack saws, power saws,
templates, diagrams, instruction manuals, pamphlets, or other tutorial material regarding
the manufacture of firearms.
4.
Photographs developed and undeveloped and/or videotapes or DVDs/CDs of firearms,

firearm transactions, firearm parts, large sums of money and/or co-conspirators and
paperwork showing the purchase, storage, disposition, or dominion and control over any
firearms, firearm parts, ammunition, or any of the items described in Attachment B.
5.
Records relating to the acquisition and distribution and repair of firearms, firearms parts,
tools and/or equipment associated with the manufacture of machineguns, short barreled
rifles and/or other firearms, including but not limited to ATF Forms 4473 , California
Dealer Of Record Sale (DROS) records, books, receipts, invoices, notes, ledgers, and
pay/owe sheets.
6.
Personal telephone books, telephone records, telephone bills, address books,

correspondence, notes, and papers containing names and/or telephone numbers that tends
to establish communication between co-conspirators.
7.
Digital evidence of items described in Attachment B, including items listed in Attachment

C.
8.
Evidence and records relating to the accumulation of proceeds derived from illegal firearms
trafficking and manufacturing.
Attachment B
9.
United States currency in excess of $2,000, including any and all financial records to
facilitate the investigation of the laundering of illicitly obtained monies and/or other forms
of assets, including United States currency acquired through the sales, trafficking, or
manufacturing of illegal firearms.
10.
Rental or lease agreements for storage units, safety deposit boxes, other storage locations,
keys, combinations, and/or access codes for them.
11 .
Indicia of occupancy, residency, and/or ownership of the items noted above and of the
premises, including but not limited to, papers, correspondence, canceled envelopes,
canceled postcards, bills, and registration documents.
12.
Any safes, locked cabinets, and/or other secured containers and/or devices at the
locations and in/on vehicles identified in Attachments A-1 - A-5. Law enforcement
shall be permitted to open such locked containers by force or through the use of a
locksmith if necessary.
13.
Permission to answer, record, monitor, note, and converse with callers who appear to be
calling in regards to firearms trafficking on any telephone or cellular phone within the
locations set forth in Attachment A-1 - A-5 without revealing the officer' s true
identities.
14.
Any vehicles and mobile conveyances used and/or associated with unlawful trafficking
and manufacturing of firearms, including transporting of any such firearms, firearm parts,
or blanks.
15.
Any computer numerical control ("CNC") 1 machines and/or parts/tools associated with
the use and/or association of the manufacturing and/or modifying of firearms, firearm
parts, AR-15 blanks (and firearm blanks of any kind) machineguns and/or machinegun
parts including but not limited to templates, cutting programs, diagrams, instruction
manuals, pamphlets, or other tutorial material regarding the manufacture of firearms.
16.
The contents of any surveillance camera or surveillance system used at any of the locations
identified in Attachments A-1- A-5.
1
A machine utilizing a type of programmable automation, directed by mathematical data, which uses
microcomputers to carry out various machining operations.
Attachment B
ATTACHMENT C
locations described with particularity in Attachment A-1- A-5.
perso al music devices, and similar items.
identified in Attachment A-1 through A-5.
Attachment C

the following:
Depending upon the number and size of the devices, the length of time that agents
Attachment C
ATTACHMENT C
locations described with particularity in Attachment A-1 - A-5.
personal music devices, and similar items.
identified in Attachment A-1 through A-5.
Attachment C

the following:
Depending upon the number and size of the devices, the length oftime that agents
Attachment C
amount of time to extract and sort through data that is concealed or encrypted to
determine whether it is evidence, contraband, or an instrumentality of a crime.
e. Analyzing the contents of a computer or other electronic storage device, even
without significant technical difficulties, can be very challenging, and a variety of
search and analytical methods must be used. For example, searching by
keywords, which is a limited text based search, often yields thousands of hits,
each of which must be reviewed in its context by the examiner to determine
whether the data is within the scope of the warrant. Merely finding a relevant hit
does not end the review process. The computer may have stored information
about the data at issue which may not be searchable text, such as: who created it;
when and how it was created, downloaded, or copied; when it was last accessed;
when it was last modified; when it was last printed; and when it was deleted. The
relevance of this kind of data is often contextual. Furthermore, many common
email, database, and spreadsheet applications do not store data as searchable text,
thereby necessitating additional search procedures. To determine who created,
modified, copied, downloaded, transferred, communicated about, deleted, or
printed data requires a search of events that occurred on the computer -in the time
periods surrounding activity regarding the relevant data. Information about which
users logged in, whether users shared passwords, whether a computer was
connected to other computers or networks, and whether the users accessed or used
other programs or services in the relevant time period, can help determine who
was sitting at the keyboard.
f.
Searching digital devices can require the use of precise, scientific procedures
designed to recover latent data. The recovery of such data may require the use of
special software and procedures. Data that represents electronic files or remnants
of such files can be recovered months or even years after it has been downloaded
onto a hard drive, deleted, or viewed via the Internet. Even when such files have
been deleted, data can be recovered months or years later using readily available
forensic tools. Normally, when a person deletes a file on a computer, the data
contained in the file does not actually disappear; rather, that data remains on the
hard drive until it is overwritten by new data. Therefore, deleted files, or
remnants of deleted files, may reside in space on the hard drive or other storage
media that is not allocated to an active file. In addition, a computer's operating
system may keep a record of deleted data in a swap or recovery file or in a
program specifically designed to restore the computer' s settings in the event of a
system failure.
Attachment C
5. This warrant also seeks authority to seize contextual data (or metadata), that is, evidence
of how a digital device has been used, what it has been used for and who has used it. It
can be very important in criminal cases to seek "attribution" data so that an event or
communication can be associated with a person. Based upon my training and experience,
and information related to me by agents and others involved in the forensic examination
of computers and digital devices, this authority is sought for a number of reasons:
a. In some instances, the computer "writes" to storage media without the specific
knowledge or permission of the user. Generally, data or files that have been
received via the Internet are automatically downloaded into a temporary Internet
directory or cache. The browser typically maintains a fixed amount of hard drive
space devoted to such data or files, and the files are only overwritten as they are
replaced with more recently viewed Internet pages. Thus, the ability to retrieve
artifacts of electronic activity from a hard drive depends less on when the file was
downloaded or viewed than on a particular user' s operating system, storage
capacity, and computer usage. Logs of access to websites, file
management/transfer programs, firewall permissions, and other data assist the
examiner and investigators in creating a "picture" of what the computer was doing
and how it was being used during the relevant time in question. Given the
interrelationships of the data to various parts ofthe computer' s operation, this
information cannot be easily segregated.
b. Digital data on the hard drive that is not currently associated with any file may
reveal evidence of a file that was once on the hard drive but has since been
deleted or edited, or it could reveal a deleted portion of a file (such as a paragraph
that has been deleted from a word processing file). Virtual memory paging
systems can leave digital data on the hard drive that show what tasks and
processes on the computer were recently used. Web browsers, email programs,
and chat programs store configuration data on the hard drive that can reveal
information such as online nicknames and passwords. Operating systems can
record additional data, such as the attachment of peripherals, the attachment of
USB flash storage devices, and times the computer was in use. Computer file
systems can record data about the dates files were created and the sequence in
which they were created. This data can be evidence of a crime, can indicate the
identity of the user of the digital device, or can point toward the existence of
evidence in other locations (or on other devices).
c. Further, evidence of how a digital device has been used, what it has been used for,
and who has used it, may be learned from the absence of particular data on a
digital device. Specifically, the lack of computer security software, virus
Attachment C
protection, malicious software, evidence of remote control by another computer

system, or other programs and/or software that may assist in identifying the user
indirectly and may provide evidence excluding other causes for the presence or
absence of the items sought by this application. Additionally, since computer
drives may store artifacts from the installation of software that is no longer active,
evidence of the historical presence of the kind of software and data described may
have special significance in establishing timelines of usage, confirming the
identification of certain users, establishing a point of reference for usage and, in
some cases, assisting in the identification of certain users. This data can be
evidence of a crime, can indicate the identity of the user of the digital device, or
can point toward the existence of evidence in other locations. Evidence of the
absence of particular data on the drive is not generally capable of being
segregated from the rest of the data on the drive.
SEARCH PROCEDURE
6. In searching for data capable of being read, stored, or interpreted by a computer, cellular
telephone, digital device, or storage media, law enforcement personnel executing the
search warrant will employ the following procedure:
a. On-site search, if practicable. Law enforcement officers trained in computer
forensics (hereafter, "computer personnel"), if present, may be able to determine
if digital devices can be searched on-site in a reasonable amount of time and
without jeopardizing the ability to preserve data on the devices and conduct such
a search if deemed practicable. Any device searched on-site will be seized if it
contains any data falling within the list of items to be seized as set forth in the
warrant and in Attachments B and C.
b. Seizure of digital devices for off-site imaging and search. If no computer
personnel are present at the execution of the search warrant, or if they determine
that a digital device cannot be searched or imaged on-site in a reasonable amount
of time and without jeopardizing the ability to preserve data, the digital device
will be seized and transported to an appropriate law enforcement laboratory for
review.
c. Law enforcement personnel (potentially including, but not necessarily limited to,
computer personnel) will examine the digital device to determine if it contains
any data that falls within the list of items to be seized as set forth in the warrant
and in Attachment B and C.
Attachment C
d. Law enforcement personnel will use procedures designed to identify items to be

seized under the warrant. These procedures may include, without limitation, the
use of a "hash value" library to exclude normal operating system files that do not
need to be searched. In addition, law enforcement personnel may search for and
attempt to recover deleted, hidden, or encrypted data to determine whether the
data falls within the list of items to be seized under the warrant.
e. If the original digital device was seized, law enforcement personnel will perform
an initial search of the original digital device within a reasonable amount of time
not to exceed one hundred twenty days from the date of execution of the warrant.
If, after conducting the initial search, law enforcement personnel determine that
an original digital device contains any data falling within the list of items to be
seized pursuant to this warrant, the government will retain the original digital
device to, among other things, litigate the admissibility/authenticity of the seized
items at trial, ensure the integrity of the copies, ensure the adequacy of chain of
custody, and resolve any issues that potentially might be raised regarding changed
conditions of the evidence. If the government needs additional time to determine
whether an original digital device contains any data falling within the list of items
to be seized pursuant to this warrant, it may seek an extension of the time period
from the Court within the original one hundred twenty day period from the date of
execution of the warrant. Once it is determined that the device contains evidence
of the above-note federal offenses, law enforcement may view and handle the
device as law enforcement would any other seized piece of evidence.
f.
If an original digital device does not contain any data falling within the list of
items to be seized pursuant to this warrant, the government will return that
original digital device to its owner within a reasonable period of time if it can be
lawfully possessed; seal any image previously made of the device; and not review
the sealed image absent further authorization from the Court.
g. LCG AR Parts and Accessories, C&G Tool Inc., DW Machine Inc. , Raptor
Magazines & AR-15 Supplies, and Rendezvous Primitive Arms are functioning
companies that appear to conduct some legitimate business. The seizure of the
company's computers may limit the company' s ability to conduct its legitimate
business. As with any search warrant, I expect that this warrant will be executed
reasonably. Reasonable execution will likely involve conducting an investigation
on the scene of what computers, or storage media, must be seized or copied, and
what computers or storage media need not be seized or copied. Where
appropriate, officers will copy data, rather than physically seize computers, to
reduce the extent of disruption. If employees of the company so request, the
Attachment C
agents will, to the extent practicable, attempt to provide the employees with
copies of data that may be necessary or important to the continuing function of the
company' s legitimate business. If, after inspecting the computers, it is determined
that some or all of this equipment is no longer necessary to retrieve and preserve
the evidence, the United States will return it.
DATA TO BE SEIZED
others involved in the forensic examination of computers and digital devices, I know that,
in order to search for data that is capable of being read or interpreted by a computer,
cellular telephone, digital device, or storage media, law enforcement personnel will need
to seize, image, copy, and/or search the following items, subject to the procedures set
forth herein:
a. Any computer equipment, cellular telephone, digital device, or storage media that
are capable of being used to commit or further the crimes outlined above, or to
create, access, or store evidence, contraband, fruits, or instrumentalities of such
b. Any computer equipment, cellular telephone, digital device, or storage media
used to facilitate the transmission, creation, display, encoding, or storage of data,
including word processing equipment, modems, docking stations, monitors,
printers, plotters, encryption devices, and optical scanners that are capable of
being used to commit or further the crimes outlined above, or to create, access,
process, or store evidence, contraband, fruits, or instrumentalities of such crimes,
as set forth in Attachments B and C.
c. Any magnetic, electronic, or optical storage device capable of storing data, such
as floppy disks, hard disks, tapes, CD-ROMs, CD-Rs, CD-RWs, DVDs, optical
disks, printer or memory buffers, smart cards, PC cards, memory calculators,
electronic dialers, electronic notebooks, personal digital assistants, and cell
phones capable of being used to commit or further the crimes outlined above, or
to create, access, or store evidence, contraband, fruits, or instrumentalities of such
d. Any documentation, operating logs, and reference manuals regarding the
operation of the computer equipment, mobile cellular telephone, digital device, or
storage media or software.
Attachment C
e. Any applications, utility programs, compilers, interpreters, and other software

used to facilitate direct or indirect communication with the computer hardware,
mobile cellular telephone, digital device, or storage media, or data to be searched.
f. Any physical keys, encryption devices, dongles, or similar physical items which
are necessary to gain access to the computer equipment, mobile cellular
telephone, digital device, storage media, or data.
g. Any passwords, password files, test keys, encryption codes, or other information
necessary to access the computer equipment, mobile cellular telephone, digital
device, storage media, or data to be searched.
h. All records, documents, programs, applications, or materials created, modified, or
that show the actual user of the computers or digital devices during any time
period in which the device was used to commit the crimes referenced above,
including the web browser's history; temporary Internet files ; cookies,
bookmarked, or favorite web pages; email addresses used from the computer;
MAC IDs and/or Internet Protocol addresses used by the computer; email, instant
messages, and other electronic communications; address books; contact lists;
records of social networking and online service usage; and software that would
allow others to control the digital device such as viruses, Trojan horses, and other
forms of malicious software (or alternatively, the lack of software that would
allow others to control the digital device).
1.

that show evidence of counter-forensic programs (and associated data) that are
designed to eliminate data from the computer or digital device.
J.

that show contextual information necessary to understand the evidence,
contraband, fruits, or instrumentalities described in this attachment.
RETENTION OF IMAGE
8. The United States will retain a forensic image of each digital storage device subjected to
analysis for a number of reasons, including proving the authenticity of evidence to be
used at trial; responding to any potential questions regarding the corruption of data;
Attachment C
establishing the chain of custody of data; refuting any potential claims of fabrication,
tampering, or destruction with/of data; and addressing potential exculpatory evidence
claims where, for example, a defendant claims that the United States avoided its
obligations by destroying data or returning it to a third party.
Attachment C
Case 2:15-cr-00209-JAM Document 36 Filed 10/15/15 Page 1 of 17

United States v. Joseph Latu Et Al.

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AO 91 (Rev.

UNITED STATES DISTRICT COURT ORIG INAL

Eastern District of California

DAVID BENNETT, and

CLERK, U.S. DISTRICT COURT

April 23 , 2015, to October 6, 2015,

, the defendant(s) violated:

This criminal complaint is based on these facts:

Continued on the attached sheet.

Jeny Donn, ATF Special

Printed name and title

Swom to before me and signed in my presence.

City and state:

_acr~_mento , C~------------- -------

~ LM_ ______ --------- --------------______ _Carolyn K. Delaney, U.S. Magistrate Judge

AFFIDAVIT OF ATF SPECIAL AGENT JERRY DONN IN SUPPORT OF A

Photo 2 the UC purchase on April 23, 2015

I'm still waiting to hear back from jo if dude wants urs

Bring ur gun over at 130

Or like 130 in morning

Let me know a price

And 130 in morning?

Let me c what he says and yes!

For the toy puta

So you sold my "toy"2

Toy is a street terminology for firearm or gun.

My gun has a registerd lower on it

I am going to have to put donnies lower on it

Wtf. Change it!

April 30, 2015, AR-15 Type Rifle Sold to the UC

Photo 2 the UC purchase on April 30, 2015

June 11, 2015, AR-15 Type Rifle Sold to the UC

Photo 4 UC purchase on June 11, 2015

Who am I paying to build the baby AR u or Daniel?

Dannie mills it out and I put it all together

So we will split it nigga

Fasho. Joe just picked up the green one this morning

Should get paid tonight or tomorrow

Photo 5 UC purchase on July 17, 2015

U talk to ur buddy yet

Yeah he is going to bring it by today

1100 sorry lol

My brother wanted to know if getting cash up front was

Let me check the funds first k

This is what he is thinking and wanting to do is get the money

How much would that guy pay for a 308 ar10

I'm not too sure on a long range rifle

Find out nigga

You don't like James Madison

I do just thinking cheap

How much r lower build kits normally

Lower build kits 69-79

Wtf what I buy 5

12 dollars for five

34.99 shipping on five lowers

What lowers you going with

Can you order like five of them with the jig

When are the lowers going to be here

We're still doing the normal 5 a week also

I told *****3 were going to have Daniels 2 by Tuesday also

Ok butterflies r in full effect. Joe stresses me out

Headed to Davis airport. He said we drive in the hanger first

Name redacted to protect identity of undercover ATF Special Agent.

~ LM_ --------- -------------- _Carolyn K. Delaney, U.S. Magistrate Judge