Case Document 1 Filed on 11/14/19 in TXSD Page 1 of 3 AG 91 (Rev. 11/11) Criminal Complaint UNITED STATES DISTRICT COURT for the NW i it Southern District of Texas Eerie a Median Starts United States of America V. Case No. LUIS XXIXARTURO BAZAN USC YOB: 1982 De?ndant?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 0209/2019 to 07I021201 9 in the county of Hidalso in the Southern District of Texas the defendant(s) violated: Code Section O?ense Description 18 U.S.C. 922(g)(1) Possession of a ?rearm or ammunition which has affected interstate or foreign commerce by an individual having been convicted of a felony. This criminal complaint is based on these facts: See Attachment if Continued on the attached sheet. want AM Complainant signature (ti?79M Kyle O?Neai, Special Agent FBI Printed name and Sworn to before me and signed in my presence. Date: If; 26/7 Vf?/?v j/?M Judge Signature Texas Peter E. United States Magistrate Judge Printed name and title City and state: Case Document 1 Filed on 11/14/19 in TXSD Page 2 of 3 See Attachment On April 12, 2019, Federal Bureau of Investigation (hereinafter referred to as investigators executed a federal search warrant on the Facebook account of Luz Arturo Bazan (hereinafter referred to as BAZAN is a known member of the Loco 13 street gang organization whose name has appeared on membership rosters prepared by the gang. Additionally, BAZAN regularly appears in photographs posted on his Facebook account with other members of Loco 13. FBI Special Agents observed photographs and videos posted to Facebook pro?le depicting BAZAN in possession of, and operating ?rearms. A video uploaded on November 19, 2018 to Facebook pro?le shows BAZAN ?ring a functioning pistol at Point Blank Sporting Goods shooting range in Pharr, Texas with ammunition visible on the table in front of him. A video uploaded to pro?le on February 9, 2019 shows a minor believed to be son ?ring what appears to be the same ?rearm from the November 19th video. BAZAN is depicted in subsequent photos holding the ?rearm and standing next to his son. The photographs from Facebook pro?le that show BAZAN in possession of a ?rearm depict what appears to be a Heckler Koch pistol with an external safety. Investigators conducted an interview of the manager of the Point Blank Sporting Goods in Pharr, Texas and were told there was only one ?rearm they had available for rent manufactured by that also featured an external safety. That ?rearm was a Heckler Koch Model VP9, 9m with serial number 224?226015 (hereinafter the ?Target Firearm?). Investigators also observed the range waiver signed by BAZAN. Case Document 1 Filed on 11/14/19 in TXSD Page 3 of 3 Point Blank management stated that customers are required to provide an ID prior to renting a firearm. On July 2, 2019, FBI investigators executed a search warrant at residence located at 713 Orendain Avenue in Pharr, Texas. Investigators located narcotics and a box of Federal Ammunition 9mm containing 34 rounds. The brand and type of ammunition were consistent with ammunition available for sale at Point Blank Sporting Goods. On July 11, 2019, the Bureau of Alcohol, Tobacco, and Firearms (hereinafter referred to as conducted research to determine Whether the Target Firearm moved in interstate and/or foreign commerce. The Target Firearm was determined to have been manufactured in Germany and imported by Heckler Koch Defense Inc. in Columbus, Georgia. As such, is was determination that the Target Firearm travelled in interstate or foreign conference as defined by Title 18, United States Code, Section 921(a)(2). On November 14, 2019, ATF conducted research to determine whether the ammunition moved in interstate and/ or foreign commerce. It was determined that the 34 rounds of Federal Ammunition was manufactured outside the State of Texas. On February 21, 2006, BAZAN plead guilty to a second degree felony of Attempted Murder in cause number in the 206thDistrict Court of Hidalgo County, Texas and was sentenced to ten years deferred adjudication. On March 30, 2007, sentence was adjudicated and BAZAN was placed on eight years community supervison.