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

PREDICATE ACT SEVENTY(Unlawful Use of a Communication Facility)On or about October 12, 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-Nine and Seventy were committed inthe following manner:On October 12, 2007 Jose Heriberto Martinez-Lopez AKA Eddie used a telephoneto dispatch Tony Lopez-Lopez AKA “Morro” to I-25 and 58 th Avenue to sell drugs toTina Boguhn. Officers observed “Morro” arrive at that location which is in AdamsCounty Colorado. Tina Boguhn has been known to purchase heroin from thisorganization in the past. When Morro arrived in the white Nissan Altima, Ms.Boguhn got into his vehicle for a short period of time, then exited his vehicle.PREDICATE ACT SEVENTY-ONE(Distribution of a Controlled Substance - Schedule I)On or about November 2, 2007 in the County of Denver, State of Colorado JoseHeriberto Martinez-Lopez AKA Eddie and Tony Lopez-Lopez aka “Morro”unlawfully, feloniously, and knowingly sold or distributed heroin, a schedule Icontrolled substance; in violation of section 18-18-405(1),(2)(a)(I)(A), C.R.S. (F3)PREDICATE ACT SEVENTY-TWO(Unlawful Use of a Communication Facility)On or about November 2, 2007, in the District Of Colorado, Jose HeribertoMartinez-Lopez AKA Eddie and Tony Lopez-Lopez aka “Morro” did knowingly orintentionally use a communications facility, namely, a telephone, to facilitate thecommission of a felony, namely, distribution of a controlled substance in violation of21 U.S.C. § 841, such use of a commmunications facility being unlawful, and inviolation of 21 U.S.C. § 843The offenses alleged in Predicate Acts Seventy-One and Seventy-Two werecommitted in the following manner:On November 2, 2007 Jose Heriberto Martinez-Lopez AKA Eddie used atelephone to dispatch Tony Lopez-Lopez AKA “Morro” to 4165 W. Nevada Place inDenver, Colorado. This is the residence of Timothy Mascarenas AKA “Spanky.”Officers observed Morro arrive a short time later and sell heroin to TimothyMascarencas. A search warrant was executed on the residence a short while later.The search turned up both heroin and cocaine, and less than a gram of each.24