Case 2:20-cr-00010-DLC Document 1-1 Filed 05/26/20 Page 1 of 6

UNITED STATES DISTRICT COURT

BUTTE DIVISION, DISTRICT OF MONTANA

UNITED STATES OF AMERICA, CRIMINAL COMPLAINT

MJ-20- -BU-KLD

Plaintiff, CONSPIRACY TO POSSESS

WITH THE INTENT TO
v. DISTRIBUTE
METHAMPHETAMINE
21 U.S. C. § 846
(Penalty: Mandatory minimum 10
years to life imprisonment, a
OSCAR NOE CELIO LUNA, $10,000,000 fine, and at least five
years supervised release)

POSSESSION WITH THE

Defendant. INTENT TO DISTRIBUTE
METHAMPHETAMINE
21 U.S. C. § 841(a)(l)
18 u.s.c. § 2
(Penalty: Mandatory minimum 10
years to life imprisonment, a
$10,000,000 fine, and at least five
years supervised release)

AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

I, Chad Anderberg, being duly sworn, depose and state as follows:

BACKGROUND OF AGENT AND INVESTIGATION

1. I am an Agent with the Montana Division of Criminal Investigation

(DCI) assigned to the Narcotics Bureau and am currently assigned to the Drug

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Enforcement Administration (DEA) as a Task Force Officer (TFO) in Helena,

Montana, and was previously with the Tactical Diversion Squad (TDS) for the

DEA in Missoula, Montana. I have been employed as a Montana Peace Officer

since 2013 and have been assigned to the DEA since November of 2018. During

my job duties, I have investigated numerous drug-related cases in violation of both

state and federal law.

2. This affidavit is submitted in support of a Criminal Complaint

charging Oscar Noe Celio Luna ("CELIO LUNA") with conspiring to possess with

the intent to distribute, and possessing with the intent to distribute, more than 500

grams ofmethamphetamine, all in violation of21 U.S.C. §§ 841(a)(l) and 846,

and 18 U.S.C. § 2.

3. The facts and information contained in this affidavit are based upon

my training and experience, participation in this drug investigation, personal

knowledge, and observations during the course of this investigation, as well as the

observations of other agents and officers involved in this investigation and other

investigations which involved the same individuals. All observations not

personally made by me were relayed to me by the individuals who made them or

were conveyed to me by my review of records, documents, and other physical

evidence obtained during the course of this investigation. This affidavit contains

information necessary to support a determination of probable cause, but it does not

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include each and every fact and matter observed by me or known to the

government.

STATEMENT OF PROBABLE CAUSE

4. In January 2019, the DEA initiated a joint investigation into the drug

trafficking activities of CELIO LUNA, based on information gathered from several

investigations that were being conducted independently by the DEA, The Missouri

River Drug Task Force (MRDTF), and Homeland Security Investigations. The

investigations, as outlined below, show that CELIO LUNA arranges the shipment

of heroin, methamphetamine, and fentanyl through the mail from Bakersfield,

California, to various locations in Montana, which then are further distributed

throughout Montana. Montana-based co-conspirators then collect drug proceeds in

Montana to be shipped or funneled back to CELIO LUNA, which is done at the

direction of CELIO LUNA.

5. Law enforcement interviewed, through a proffer interview in March

of 2020, a federal defendant. The information was provided by the federal

defendant with the hope of reducing the federal defendant's sentence. The federal

defendant explained that CELIO LUNA has been arranging the shipment of drugs

to individuals in Butte, Montana, since at least 2017. One individual in Montana

received approximately two pounds of methamphetamine once or twice a month,

for several months, which was arranged through CELIO LUNA. The federal

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defendant also told law enforcement that CELIO LUNA made several trips from

California to Montana to collect drug proceeds. CELIO LUNA personally met

with the federal defendant in Montana on two occasions to collect drug proceeds,

both of which are identified below:

• On one occasion, CELIO LUNA collected $2,000 to $3,000 in U.S.

currency from the federal defendant.

• On a second occasion, CELIO LUNA collected $17,000 in U.S.

currency from the federal defendant.

6. Law enforcement also used a confidential source (CS-1) in this

investigation. CS-1 advised investigators that CELIO LUNA has arranged to have

methamphetamine and heroin mailed to Montana. CS-1 told investigators that CS-

1 has met CELIO LUNA in Montana to pay CELIO LUNA for drugs that CELIO

LUNA arranged to have sent through the mail.

7. During this investigation, CS-1 conducted two controlled buys under

the direction of law enforcement. CELIO LUNA did not physically mail the

packages for the controlled buys. Rather, CELIO LUNA arranged to have the

packages shipped. The two controlled buys are further identified below:

• In April 2020, law enforcement used CS-1 to conduct the first

controlled buy, which resulted in law enforcement receiving a
package of 498 gross grams of suspected methamphetamine
and 70 gross grams of suspected heroin. The suspected drugs,
which were arranged to be sent by CELIO LUNA, were seized
by law enforcement and are pending analysis at the DEA
Laboratory. Law enforcement, through CS-1, received from

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CELIO LUNA, via text message, a tracking number for the

package that contained the suspected drugs.

• The next month, in May 2020, law enforcement used CS- I to

conduct a second controlled buy, which resulted in law
enforcement receiving approximately 472 grams of suspected
methamphetamine, approximately 58 grams of heroin, and
suspected fentanyl. The drugs are pending submittal to the
DEA Laboratory for analysis. The package was arranged to be
shipped by CELIO LUNA to Montana.

8. As a result of the above controlled buys through CS-I , law

enforcement obtained text messages from CELIO LUNA, including photographs

that CELIO LUNA sent of methamphetamine, heroin, and suspected fentanyl pills.

Additionally, law enforcement obtained recorded phone conversations between

CS-I and CELIO LUNA. For example, during one call, CS-I and CELIO LUNA

discussed drug prices. CELIO LUNA explained he understood his prices for drugs

in Montana could not be too high because he "ain't the only drug dealer out here."

9. In May 2020, investigators received information that CELIO LUNA

was traveling to Montana to collect drug proceeds. On May 23 , 2020,

investigators from the DEA, MRDTF, and the Montana Division of Criminal

Investigation conducted an operation to locate and arrest CELIO LUNA.

Investigators identified that CELIO LUNA was staying in a hotel room in Helena,

Montana. Law enforcement obtained a state search warrant for the hotel room.

Law enforcement arrested CELIO LUNA and took him into custody. Inside

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CELIO LUNA's hotel room, agents recovered large quantities of cash, suspected

marijuana, suspected THC oils, and several items of drug paraphernalia.

CONCLUSION

10. Based upon the facts outlined in this affidavit, I believe probable

cause exists to charge CELIO LUNA with conspiring to possess methamphetamine

with the intent to distribute, and possessing methamphetamine with the intent to

distribute, all in violation of21 U.S.C. §§ 841(a)(l) and 846, and 18 U.S.C. § 2.

~
DEA Task Force Officer

·,y "tp--
SUBSCRJBED and SWORN to me this c;t.!__ day of May, 2020.

~~~~
United States Magistrate Judge