Case: 1:17-cr-00369 Document #: 1 Filed: 05/25/17 Page 1 of 7 PageID #:1 aoer(Rev
'H.*',I*"H D
AUSA Eric S. Pruitt (312) 353-5496 AUSA J. Storino (3L2) 353-5347
UNITED STATES DISTRICT COURT
cLEHgut:rEREy*'fi1'"B1LlJfi $Tffi S,LILLIN.IS UNITED STATES OF AMERICA CASE NUMBER: v.
17 CR
FRANCISCO SANCH.EZ aMa "Smokey"
CRTMINAL COMPI,AII{T
369
TAGISTRAMJUDGE COLE
I, the complainant in this case, state that the following is true to the best of my knowledge and belief. On or about May 25,2017, at Chicago, in the Northern District of Illinois, Eastern Division,
the defendant violated: Code
Section
Title
18, United States Code,
922(9$)
Offense Description
Section Knowingly and intentionally
firearm, namely, a Colt model Lgl"L, .45 caliber pistol, with serial number 7085181160, which firearm had traveled in interstate commerce prior to defendant's possession of the firearm, after previously having been convicted of a crime punishable by a term of imprisonment exceeding one year.
This criminal complaint is based upon these facts:
X
Continued on the attached sheet. JONES, Special
Sworn to before me and signed in my presence. Date: Ma:r 25.2017
City and state: Chicago.Illinois
possessing a
JEFFREY COLE. U.S. Magistrate Judge Printed name and Title
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS
AFFIDAVIT I, MATTHEW JONES, being duly sworn, state as follows:
1.
I am a Special Agent with the Bureau
of Alcohol, Tobacco, Firearms &
Explosives ("ATF"), and have been so employed since
in or around 20L4. Prior
to
joiningATF, I was employed as a police officer in Hammond, Indiana. I am currently assigned to ATF's Chicago Field Division and my current responsibilities include the
investigation of firearms trafficking, illegal firearms possession, and narcotics traffrcking.
2.
As part of my regular duties as a Special Agent,
I investigate criminal
violations of the federal firearms laws, including Title 18, United States Code, Sections 922 and 924, as well as federal narcotics laws, including Title 21, United States Code, Sections 841(a)(1) and 846.
I have received training regarding, among
other things, violations of federal firearms and narcotics laws at the Federal Law Enforcement Training Center.
3.
This affidavit is submitted in support of a criminal complaint alleging
that FRANCISCO SANCHEZ, aMa "Smokey," has violated Title 18, United States Code, Section 922(d0). Because
this affidavit is being submitted for the limited
purpose of establishing probable cause in support of a criminal complaint charging
SANCHEZwith possession of a firearm by a convicted felon, I have not included each and every fact known to me concerning this investigation. I have set forth only the
Case: 1:17-cr-00369 Document #: 1 Filed: 05/25/17 Page 3 of 7 PageID #:3
facts that
I believe are necessary to establish probable
cause to believe
that the
defendant committed the offense alleged in the complaint.
4.
This affidavit is based on my personal knowledge, experience and
training, information provided to me by other law enforcement agents and the experience and training of those agents, numerous interviews of a confidential source,
review of consensual recordings, and physical surveillance.
FACTS IN SUPPORT OF PROBABLE CAUSE Introduction and Background
5.
Since November 2014, ATF and the CPD Gang Investigation Division
("GID"), with support from the Chicago High Intensity Drug Trafficking Area ("HIDTA") Task Force and the Drug Enforcement Administration ("DEA"), have been investigating criminal activities being conducted by members and associates of the Gangster Tko-Six Nation street gang ("Two-Six"). According to CS-11 and law enforcement records and reports, the Two-Six
is a national street gang that is
prevalent throughout Chicago (Iocated primarily within CPD's 8th, gth, and 10th Police Districts), the surrounding suburbs, and other states, including Indiana, Wisconsin, Texas, Georgia, and Kansas.
1
CS-1 has prior convictions for murder and possession of a stolen motor vehicle. CS-l has received approximately $30,250 in monetary compensation for his cooperation with law enforcement. CS-l's information has proven reliable and credible, and has been corroborated by controlled purchases/meetings, physical surveillance conducted by law enforcement officers and other cooperating sources, as detailed throughout this investigation.
2
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6.
SANCHEZll,.as been convicted of a felony, and, according to CS-1, is the
national leader of the Gangster TWo-Six Nation. Based on CPD arest records and according to CS-l-, SANCHEZ is also known as "Smokey."
May 25, 2017 Search of SANCHEZ's Residence
7.
On May 24,2017, Magistrate Judge Jeffrey Cole issued a warrant 17 M
267, authorizing law enforcement to search SANCHEZ's residence on the 3400 block of West 38th Place, Floor L, Chicago, Illinois ("the Subject Premises").
8.
On May 25,2017, at approximately 6:00 a.m., agents from ATF, together
with officers from the Chicago Police Department, executed the warrant at the Subject Premises.
In executing the warrant, agents determined that SANCHEZ
resided at the Subject Premises with an adult female acquaintance, and three minor
children. SANCHEZisthe only adult male resident of the Subject Premises.
9.
Upon entering the Subject Premises, agents found a bedroom. Upon
entering the bedroom agents found SANCHEZ sleeping in the bed in this bedroom. Also in the bedroom agents found two dressers. One dresser contained adult female clothing items and had items appearing to belong to the adult female resident on top of the dresser. The other dresser in the bedroom had personal items belonging to SANCHEZ ontop of the dresser, including men's watches, photographs of SANCHEZ
and others, a figure of "Smokey the Bear," and two machetes.2 The dresser also contained men's clothing. On top of this dresser, agents located what appeared to be
2
During the search, SANCHEZ told agents that he collected machetes.
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a book (pictured below). Upon opening the book, agents discovered
that it contained
a metal container.
10.
Upon further examination, agents discovered that the
lid of the
container was not fully closed. Through that opening in the container, agents could see
what appeared to be the butt of a black firearm (as pictured below).
4
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11. At that point, agents opened the container contained
and discovered that it
a black, Colt model 1911, .45 caliber pistol, bearing serial
number
70BS181160
Interstate Nexus of Firearm
12.
On or about May 25, 201.7, an ATF firearms interstate nexus expert
examined a description of the firearm and discovered in SANCHEZ's residence and determined that
it
was not manufactured in the State of Illinois, and therefore had
traveled in interstate commerce prior to SANCHEZ's possession of the firearm. SANCHEZ's Criminal History
13.
According to certifred copies of conviction provided by the Clerk of the
Circuit Court of Cook County, Illinois, SANCHEZhadbeen convicted of the following
felony offenses prior to May 25, 2017, which were punishable by a term of imprisonment exceeding one year: 1) on or about November 25,1986, SANCHEZwas convicted of murder and sentenced to 70 years' imprisonment3; and 2) on or about November 25, 1986, SANCHEZ was convicted of aggravated battery and sentenced to five years' imprisonment.
CONCLUSION
14.
Based on the foregoing, I believe there is probable cause to believe that,
on or about May 25, 2017, defendant FRANCISCO SANCHEZ, aMa "Smokey," having previously been convicted of a crime punishable by a term of imprisonment exceeding one year, knowingly possessed a firearm, namely a black, Colt model 1911,
3
On or about May 25,1990, SANCHEZ's sentence was reduced to 40 years'imprisonment.
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.45 caliber pistol, bearing serial number 7085181160, which firearm had travelled
in
interstate commerce prior to the defendant's possession of the fireanrr, in violation of
Title
18, United States Code, Section 922(d(o).
t,
Bureau of Alcohol, Tobacco,
SUBSCRIBED AND SWORN to before me on May 25,20L7.
6