Zalapa

I. Factual and Procedural Background

On October 20, 2005, officers in the Santa Ana, California Police Department (“SAPD”) were in a parking lot investigat- ing the presence of a stolen vehicle. While in the parking lot, the officers observed Zalapa and another man “acting suspi- ciously.” At that time, Zalapa was carrying a backpack. The officers attempted to approach Zalapa and his companion. When approached by the SAPD officers, Zalapa fled in one direction and his companion fled in another. In the course of attempting to elude the officers, Zalapa dumped the backpack over a fence in the yard of a home that he passed along his intended escape route. The officers apprehended Zalapa shortly thereafter. They recovered Zalapa’s backpack after a resident of the home discovered it and turned it in to the police. Zalapa’s backpack contained 64 rounds of 9mm ammunition, a magazine loaded with 29 rounds of 9mm ammunition, and a Sten M-5 rifle.

At the time Zalapa was arrested, he was on probation for a prior felony drug offense involving a firearm. As a term and condition of his probation, he was prohibited from possessing a firearm or ammunition.

A federal grand jury indicted…