Case 7:17-cr-00588 Document 472 Filed in TXSD on 05/09/18 Page 1 of5 Southem District (3me . UNITED STATES DISTRICT COURT FILED SOUTHERN DISTRICT OF TEXAS MAY 09 2018 DIVISION - - I Dams dl UNITED STATES - 'a 93? @lerk v. MARIN MACRIN CERDA also known as ?Filtro? JOSE MIGUEL MONTEMAYOR also known as ?El Mickey? . CESAR ALEJANDRO also known as ?Nucho? also known as ?fEl So'brino? OSCAR DE LA CRUZ . JUAN FERNANDO MATA, Criminal o. SEVENTH SEALED SUPERSEDING INDICTMENT - THE GRAND JURY CHARGES: Count One From on or about anuary 14, 2016 to on or about February 5, 201 8, in the southern District of Texas and within the jurisdiction of the Court, defendants, . MARIN MACRIN CERDA also known as ?Filtro? . JOSE MIGUEL MON TEMAYOR also known as ?El Mickey? CESAR ALEJANDRO TOVAR-GUILLEN also known as ?Nucho? also known as ?El Sobrino? OSCAR DE LA CRUZ - and JUAN FERNANDO MATA did knowingly and intentionally conspire and agree together and with other persons known and unknown to the Grand Jurors, to possess With intent to distribute a controlled substance. The - controlled substance inyolved was '5 kilograms or more of a mixture or substance containing a I detectable amount of cocaine, a Schedule controlled substance. Un?ed States D'?rlci Court 355 Case Document 472 Filed in TXSD on 05/09/18 1 Page 2 of 5 In violation of Title 21, United States Code, Sections 846, 841(a)(1), and Count Two On or about July 7, 2016, in the Southern District of Texas and within the jurisdiction of - the Court, defendant, I MARIN MACRIN CERDA also known as ?Filtro? took and attempted to take a motor vehicle, namely, a 2007 .Kenworth tractor trailer bearing VIN 155, that had been transported, shipped, and received in interstate and foreign commerce from and in the presence. of Ricardo Garcia by force, violence, and intimidation, "with - the intent to cause death and serious bodily harm, In violation of Title 18, United States Code, Sections 2119 and 2. Count Three On or about June 6, 2017 through IJune' 7, 2017, in the Southern District of Texas and Within the jurisdiction of the Court, defendants, I MARIN MACRIN CERDA also known as"?Filtro? and JOSE MIGUEL MONTEMAYOR also known as ?El N?ckey? did unlawfully obstruct, delay, and affect commerce and the movement of articles and commodities in commerce by robbery and attempt to obstruct, delay, and affect commerce and the movement of articles and commodities in commerce by robbery, as the terms robbery and commerce are de?ned in Title 18, United States Code, Section 1951(b), in that the defendants did unlawfully take and attempted to take controlled substances and drug proceeds from individuals against their will by means of actual or threatened force, violence, or fear of immediate or future injury. Case Document 472 Filed on 05/09/18 Page 3 of 5 In violation of Title 18, United States Code, Sections 1951(a) and2. . Count Four I I On or about November 28, 2016, in the Southern District of Texas and within the jurisdiction of the Court, defendants, MARIN MACRIN CERDA also known as ?Filtro? and JOSE MIGUEL MONTEMAYOR also known as ?El Mickey? aiding and abetting each other, did knowingly carry, brandish, and discharge a ?rearm, during and in. relation to a drug traf?cking offense and crime of violence for which they-may be prosecuted in a court of the United States, namely, Conspiracy to Possess with Intent to Distribute a Controlled Substance in violation of Title 21 United States Code Sections 841 and 846 and Conspiracy to Interfere with Commerce by Robberyin violation of Title 18 United States Code Section 1951 All in violation of Title 18, United States Code, Sections and 2. - Count Five On or about March 12, 2017, in the Southern District of Texas and within the jurisdiction of the Court, defendants, MARIN MACRIN CERDA also known as ?Filtro? and JOSE MIGUEL MONTEMAYOR also known as ?El Mickey? took and attempted to take a motor vehicle, namely, i a 2008 Ford Taurus bearing VIN 1FAHP24W78G158756, that had been transported, shipped, and received in interstate and foreign commerce from and in the presence-of Paulina Vargas by force, violence, and intimidation, with the intent to cause death and serious bodily harm. Case 7:17-cr-00588 Document 472 Filed in TXSD on. 05/09/18 Page 4 of 5 In Violation of Title 18, United States Code, Sections 2119 and 2. Count Six On or abOut April 7, 2017, in the Southern Districtof Texas and within the jurisdiction of the Court, defendants, I MARIN MAciuN CERDA also known as ?Filtro? and JOSE MIGUEL MONTEMAYOR also known as ?El Mickey? . aiding and abetting each other, didknowingly carry, brandish, and discharge a ?rearm, during and in relation to a drug traf?cking offense and crime of Violence for which they may be prosecuted in a court of the United States, namely, Conspiracy to PosseSs vilith Intent to Distribute a Controlled. . substance inviolation of Title 21 United States Code Sections 841 and 846, Conspiracy to Interfere with Commerce by Robbery in yiolation of Title 18 United States Code Section 1951(3), and Can acking in Violation of Title 18 United States Code Section 2119. All in violation of Title 18,,United States Code, Sections and 2. I Count Seven On or about March 7, 2017, in the Southern District of Texas and within the jurisdiction of the Court, defendant, OSCAR DE LA CRUZ did knowingly forge the signature of D?orina Ramos, a United States Magistrate Judge for the Southern District of Texas, for the purpose of authenticating a document, to wit, an Anticipatory Search and Seizure Warrant. Case 7:17-cr-00-588 Document 472 'Filed in TXSD on 05/09/18, Page 5 of 5 . . In Violation of Title 18, United Stetes Code, Section 505 and 2. A TRUE BILL a' RYAN K. PATRICK UNITED STATESATTORNEY