United States v. Rogelio Lemus

FACTS AND PRIOR PROCEEDINGS

In early May of 2011, FBI informant Ana Montano was dispatched to a bar to meet with Defendant Rogelio Lemus. Lemus, seeing Montano’s gang tattoo, volunteered that he was a member of the same gang, and asked Montano if she knew the clique to which he belonged. Montano told him that she was looking for somebody who could supply ounce-

UNITED STATES V. LEMUS

quantities of methamphetamine. Lemus responded that he had a pound for sale.

On May 16, 2011, Montano made a recorded call to Lemus. She stated that she wanted to buy two ounces. Lemus responded: “Just two? . . . I’m going to tell the guy, because, well, you know, the bags have to be torn up, you understand?” On May 18, 2011, Montano and Lemus arranged to meet to carry out the sale and agreed to a price for the two ounces, but Lemus was delayed by the absence of his associate. When he finally arrived, Lemus, consistent with his initial offer of a pound and his earlier hesitancy to “tear up” the bags, but contrary to his agreement earlier that day to sell a smaller quantity, stated that he was unable to sell the methamphetamine in ounce quantities because they only…