Montenegro
United States v. Montenegro
Opinion
Lead Opinion
MEMORANDUM *
Juan M. Montenegro appeals the district court’s reimposition of his sentence of eighty-seven months after pleading guilty to distribution of 50 grams or more of methamphetamine, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
In sentencing Montenegro, the district court applied a two-level enhancement under U.S.S.G. § 2Dl.l(b)(l) for possession of a dangerous weapon during a drug-trafficking offense. When Montenegro was arrested, the DEA found a shotgun, two hunting rifles, a .22 caliber pistol, and ammunition in the master bedroom of his residence.
In his first appeal, Montenegro contended that: (1) the district court improperly found facts not admitted by his plea agreement that increased his sentence in violation of Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004); and (2) the district court incorrectly applied the weapons enhancement. Montenegro concedes that the drug transactions occurred and that the weapons belong to him, but argues that it is clearly improbable that the firearms were connected to his drug-trafficking because they were unloaded and were not found until a…