Monzon

BACKGROUND

In November 2001, law enforcement officers began investi- gating a drug trafficking organization led by Juan Godinez- Vasquez. Through a court-authorized wiretap, officers deter- mined that Monzon was involved with that organization. Fed- eral agents executed a search warrant at Monzon’s residence. Monzon was in bed at the time. The agents seized a loaded 9-millimeter semi-automatic handgun from under the bed- UNITED STATES v. MONZON 15787 covers, $3,060 in cash from a coat in the closet, and 248.9 grams of heroin in an Enfamil baby formula can wrapped in electrical tape from the closet shelf.

Monzon was charged in three counts of a multi-count indictment with: (1) Count 1, conspiracy to distribute cocaine, heroin, and methamphetamine; (2) Count 20, possession of heroin with intent to distribute, in violation of 21 U.S.C. § 812; and (3) Count 21, possession of a firearm in further- ance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1). Count 21 alleged that Monzon “knowingly and intentionally did possess a firearm, that is, a Pietro Beretta 9mm model 91 handgun, in furtherance of a drug trafficking crime, that is, possession of heroin…