United States v. Juan Munoz

MEMORANDUM

Juan Munoz (“Munoz”) appeals his jury conviction and 180 month sentence for conspiracy to possess with intent to distribute 500 grams or more of cocaine, in violation of 21 U.S.C. §§ 846 , 841(a)(1), and 841(b)(1)(B)(ii); possession of a firearm in furtherance of a drug trafficking offense, in violation of 18 U.S.C. § 924 (c); and being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922 (g)(1) and 924(a)(2).

Munoz argues that the district court should have ordered specific performance of his plea agreement, the district court erred in giving an aiding and abetting jury instruction which Munoz contends allowed the jury to find Munoz guilty of possession of a firearm even if the government failed to show that Munoz committed or aided and abetted the offense, and the district court erred in failing to find sentencing entrapment. Because the history and facts of the case are familiar to the parties, we need not recount them here.

Munoz relies on principles of contract law to argue that he entered into a valid plea agreement with the government which should have been enforced by the district court. Munoz contends that the plea agreement, although not…