district court, city and county of denver, colorado - Colorado Attorney ...

PREDICATE ACT SIXTY-THREE(Unlawful Use of a Communication Facility)On or about October 16, 2007, in the District of Colorado, Jose Heriberto Martinez-Lopez AKA Eddie and Tony Lopez-Lopez did knowingly or intentionally use acommunications facility, namely, a telephone, to facilitate the commission of afelony, namely, distribution of a controlled substance in violation of 21 U.S.C. § 841,such use of a commmunications facility being unlawful, and in violation of 21 U.S.C.§ 843The offenses alleged in Predicate Acts Sixty-Two and Sixty-Three were committedin the following manner:On October 16, 2007 a telephone call between Jose Heriberto Martinez-LopezAKA Eddie and Tony Lopez-Lopez AKA “Morro” was intercepted. In the phonecall Eddie directed Morro to make a delivery to “Spanky,.” A short while later,officers observed “Morro” arrive in a white Nissan Altima and sell heroin to“Spanky” who is also known as Timothy Mascarenas.PREDICATE ACT SIXTY-FOUR(Distribution of a Controlled Substance - Schedule I)On or about October 23, 2007, in the County of Denver, State of Colorado JoseHeriberto Martinez-Lopez AKA Eddie and Julio Cesar Jimenez-Hdaz unlawfully,feloniously, and knowingly sold or distributed heroin, a schedule I controlledsubstance; in violation of section 18-18-405(1),(2)(a)(I)(A), C.R.S. (F3)PREDICATE ACT SIXTY-FIVE(Unlawful Use of a Communication Facility)On or about October 23, 2007, in the District of Colorado, Jose Heriberto Martinez-Lopez AKA Eddie and Julio Cesar Jimenez-Hdaz did knowingly or intentionally usea communications facility, namely, a telephone, to facilitate the commission of afelony, namely, distribution of a controlled substance in violation of 21 U.S.C. § 841,such use of a commmunications facility being unlawful, and in violation of 21 U.S.C.§ 843PREDICATE ACT SIXTY-SIX(Possession with Intent to Distribute a Controlled Substance – Schedule I)On or about October 23, 2007, in the County of Denver, State of Colorado JulioCesar Jimenez-Hdaz unlawfully, feloniously, and knowingly possessed with intent todistribute heroin, a schedule I controlled substance; in violation of section 18-18-405(1),(2)(a)(I)(A), C.R.S.22