Second Superseding Indictment — U.S. v. Gonzalez (E.D. La.)

Summary

A Second Superseding Indictment in United States v. Jonathan Gonzalez, Anthony Roman, Darnell Melton, Mark Williams and Ronald Johnson, Criminal No. 23-79, in the U.S. District Court for the Eastern District of Louisiana, dated June 9, 2023. The caption lists violations of the Federal Gun Control Act, the Federal Controlled Substances Act, and possession of goods stolen from interstate shipment. Count 1 charges a conspiracy to distribute and possess with intent to distribute controlled substances through on or about May 19, 2023, and Count 2 a conspiracy to possess firearms in furtherance of drug trafficking. Count 5 charges possession of goods stolen from interstate shipment against Jonathan Gonzalez and Anthony Roman. A notice of forfeiture cites 21 U.S.C. § 853 and 18 U.S.C. § 981(a)(1)(C).

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PRS PTR:

2023 JUN -9 OD > 2

CARCI. 1

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

SECOND SUPERSEDING INDICTMENT FOR VIOLATIONS OF THE FEDERAL GUN
CONTROL ACT, THE FEDERAL CONTROLLED SUBSTANCES ACT, AND
POSSESSION OF GOODS STOLEN FROM INTERSTATE SHIPMENT

UNITED STATES OF AMERICA * CRIMINAL NO. 23-79
Ws * SECTION: “A”
JONATHAN GONZALEZ * VIOLATIONS 18 U.S.C. §2
ANTHONY ROMAN 18 U.S.C. § 659
DARNELL MELTON " 18 U.S.C. § 922(g)(1)
18 U.S.C. § 924(a)(8)
MARK WILLIAMS = 18 U.S.C. § 924(0)
RONALD JOHNSON 18 U.S.C. § 924(c)(1)(A)(i)
. 21 U.S.C. § 841(a)(1)
21 U.S.C. § 841(b)(1)(A)
. 21 U.S.C. § 841(b)(1)(B)
21 U.S.C. § 841(b)(1)(C)
. 21 U.S.C. § 841(b)(1)(D)
21 U.S.C. § 841(b)(2)
* 21 U.S.C. § 846
21 U.S.C. § 856(a)(1)
* * *
The Grand Jury charges that:
COUNT 1

(Conspiracy to Distribute and Possess with Intent to Distribute
Controlled Substances)

Beginning at a time unknown and continuing to on or about May 19, 2023, in the Eastern
Fee
Process

—
District of Louisiana and elsewhere, the defendants, JONATHAN GONZALEZ, ANTHONY
ROMAN, DARNELL MELTON, MARK WILLIAMS, RONALD JOHNSON, pe
es 2: :< knowingly and intentionally combine, conspire,
confederate and agree with other persons known and unknown to the Grand Jury to distribute and
to possess with intent to distribute controlled substances, to wit: cocaine hydrochloride, N-phenyl-
N-[1-(2-phenylethyl)-4-piperidinyl] propanamide (fentanyl), and tapentadol, all Schedule II
controlled substances; marijuana, a Schedule I controlled substance; and tramadol, a Schedule IV
controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1).

Quantity of Controlled Substances Involved in the Conspiracy

With respect to defendant JONATHAN GONZALEZ, the amount involved in the
conspiracy attributable to him as a result of his own conduct, and the conduct of other conspirators
reasonably foreseeable to him is:

(1) a quantity of a mixture and substance containing a detectable amount of tapentadol, in
violation of Title 21, United States Code, Section 841(b)(1)(C);

(2) a quantity of a mixture and substance containing a detectable amount of marijuana, in
violation of Title 21, United States Code, Section 841(b)(1)(D); and

(3) a quantity of a mixture and substance containing a detectable amount of tramadol, in
violation of Title 21, United States Code, Section 841(b)(2).

With respect to defendant ANTHONY ROMAN, the amount involved in the conspiracy
attributable to him as a result of his own conduct, and the conduct of other conspirators reasonably
foreseeable to him is:

(1) 40 grams or more of a mixture and substance containing a detectable amount of

tro
N-phenyl-N-{1-(2-phenylethyl)-4-piperidinyl] propanamide (fentanyl), in violation of Title 21,
United States Code, Section 841(b)(1)(B);

(2) a quantity of a mixture and substance containing a detectable amount of cocaine
hydrochloride in violation of Title 21, United States Code, Section 841(b)(1)(C);

(3) a quantity of a mixture and substance containing a detectable amount of tapentadol in
violation of Title 21, United States Code, Section 841(b)(1)(C);

(4) a quantity of a mixture and substance containing a detectable amount of marijuana, in
violation of Title 21, United States Code, Section 841(b)(1)(D); and

(5) a quantity of a mixture and substance containing a detectable amount of tramadol, in
violation of Title 21, United States Code, Section 841(b)(2).

With respect to defendant DARNELL MELTON, the amount involved in the conspiracy
attributable to him as a result of his own conduct, and the conduct of other conspirators reasonably
foreseeable to him is:

(1) a quantity of a mixture and substance containing a detectable amount of tapentadol, in
violation of Title 21, United States Code, Section 841(b)(1)(C); and

(2) a quantity of a mixture and substance containing a detectable amount of tramadol, in
violation of Title 21, United States Code, Section 841(b)(2).

With respect to defendant MARK WILLIAMS, the amount involved in the conspiracy
attributable to him as a result of his own conduct, and the conduct of other conspirators reasonably
foreseeable to him is:

(1) a quantity of a mixture and substance containing a detectable amount of tapentadol, in

violation of Title 21, United States Code, Section 841(b)(1)(C);
(2) a quantity of a mixture and substance containing a detectable amount of marijuana, in
violation of Title 21, United States Code, Section 841(b)(1)(D); and

(3) a quantity of a mixture and substance containing a detectable amount of tramadol, in
violation of Title 21, United States Code, Section 841(b)(2).

With respect to defendant RONALD JOHNSON, the amount involved in the conspiracy
attributable to him as a result of his own conduct, and the conduct of other conspirators reasonably
foreseeable to him is:

(1) 40 grams or more of a mixture and substance containing a detectable amount of N-
pheny]-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide (fentanyl), in violation of Title 21,
United States Code, Section 841(b)(1)(B);

(2) a quantity of a mixture and substance containing a detectable amount of cocaine
hydrochloride in violation of Title 21, United States Code, Section 841(6)(1)(C);

(3) a quantity of a mixture and substance containing a detectable amount of tapentadol, in
violation of Title 21, United States Code, Section 841(b)(1)(C); and

(4) a quantity of a mixture and substance containing a detectable amount of tramadol, in
violation of Title 21, United States Code, Section 841(b)(2).

With respect to defendant Pp the amount involved in the conspiracy
attributable to him as a result of his own conduct, and the conduct of other conspirators reasonably
foreseeable to him is:

(1) five (5) kilograms or more of a mixture and substance containing a detectable amount
of cocaine, in violation of Title 21, United States Code, Section 841(b)(1)(A);

(2) 40 grams or more of a mixture and substance containing a detectable amount of
N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide (fentanyl), in violation of Title 21,
United States Code, Section 841(b)(1)(B);

(3) a quantity of a mixture and substance containing a detectable amount of tapentadol, in
violation of Title 21, United States Code, Section 841(b)(1)(C); and

(4) a quantity of a mixture and substance containing a detectable amount of tramadol, in
violation of Title 21, United States Code, Section 841(b)(2).

With respect to defendant Po the amount involved in the
conspiracy attributable to him as a result of his own conduct, and the conduct of other conspirators
reasonably foreseeable to him is:

(1) a quantity of a mixture and substance containing a detectable amount of cocaine
hydrochloride, in violation of Title 21, United States Code, Section 841(b)(1)(C);

(2) a quantity of a mixture and substance containing a detectable amount of tapentadol, in
violation of Title 21, United States Code, Section 841(b)(1)(C); and

(3) a quantity of a mixture and substance containing a detectable amount of tramadol, in
violation of Title 21, United States Code, Section 841(b)(2).

All in violation of Title 21, United States Code, Section 846.

COUNT 2
(Conspiracy to Possess Firearms in Furtherance of Drug Trafficking)

Beginning at a time unknown and continuing to on or about May 19, 2023, in the Eastern
District of Louisiana and elsewhere, the defendants, JONATHAN GONZALEZ, ANTHONY
ROMAN, MARK WILLIAMS, RONALD JOHNSON, ns 2°
Po did knowingly and intentionally combine, conspire, confederate and agree with

each other and with other persons known and unknown to the Grand Jury, to possess firearms in
furtherance of a drug trafficking crime, to wit: the conspiracy to distribute controlled substances,
as alleged in Count 1, in violation of Title 18, United States Code, Section 924(0).

COUNT 3
(Possession with the Intent to Distribute Marijuana)

On or about January 29, 2023, in the Eastern District of Louisiana, the defendant,
JONATHAN GONZALEZ, did knowingly and intentionally possess with the intent to distribute
a quantity of a mixture and substance containing a detectable amount of marijuana, a Schedule I
controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and
841(b)(1)(D).

COUNT 4
(Possession of a Firearm in Furtherance of a Drug Trafficking Crime)

On or about January 29, 2023, in the Eastern District of Louisiana, the defendant,
JONATHAN GONZALEZ, did knowingly possess a firearm, to wit: a Glock 19 GenS5, 9mm
semi-automatic pistol, bearing serial number BXRC198, in furtherance of a drug trafficking crime
for which he may be prosecuted in a court of the United States, to wit: possession with the intent
to distribute marijuana, as charged in Count 3 of this Second Superseding Indictment, in violation
of Title 18, United States Code, Section 924(c)(1)(A)(i).

COUNT 5
(Possession of Goods Stolen From Interstate Shipment)

On or about January 29, 2023, in the Eastern District of Louisiana, the defendants
JONATHAN GONZALEZ and ANTHONY ROMAN, knowingly, did have in their possession
goods and chattels of a value in excess of $1000.00, that is, a 2023 Infiniti QX80 SUV, Vehicle
Identification Number (VIN) JN8AZ2AFO0P9756110, which had been embezzled and stolen from
the Norfolk Southern Automotive Distribution Facility, 3400 Almonaster Avenue, New Orleans,

Louisiana 70126, a storage facility, station, platform, depot, container freight station, and freight
consolidation facility, while moving in interstate commerce from Los Angeles, California to Baton
Rouge, Louisiana, knowing the said goods and chattels to be embezzled and stolen, in violation of
Title 18, United State Code, Sections 659 and 2.

COUNT 6
(Possession with the Intent to Distribute Tapentadol and Marijuana)

On or about March 28, 2023, in the Eastern District of Louisiana, the defendant,
ANTHONY ROMAN, did knowingly and intentionally possess with the intent to distribute a
quantity of a mixture and substance containing a detectable amount of tapentadol, a Schedule II
controlled substance, and a quantity of a mixture and substance containing a detectable amount of
marijuana, a Schedule J controlled substance, in violation of Title 21, United States Code, Sections
841(a)(1), 841(b)(1)(C), and 841(b)(1)(D).

COUNT 7
(Felon in Possession of a Firearm)

On or about March 28, 2023, in the Eastern District of Louisiana, the defendant,
DARNELL MELTON, knowing that he had been convicted of a crime punishable by
imprisonment for a term exceeding one year, to wit: a conviction on April 23, 2013, in Orleans
Parish Criminal District Court, State of Louisiana, Case No. 512732, for simple robbery in
violation of La. R.S. 14:65; a conviction on June 24, 2014, in the 22nd Judicial District Court,
State of Louisiana, Case No. 546115, for attempted possession of a firearm by a felon in violation
of La. R.S. 14:(27)95.1; and a conviction on March 28, 2019, in the 24th Judicial District Court,
State of Louisiana, Case No. 19-0081, for simple burglary in violation of La. R.S. 14:62, did
knowingly possess a firearm, to wit: a Glock 17 Gen5, 9mm semi-automatic pistol, bearing serial
number BNHS395; a Glock 27 Gen4, .40 caliber semi-automatic pistol, bearing serial number

SXP465; a Smith & Wesson SD9 VE, 9mm semi-automatic pistol, bearing serial number
FWJ4934; an Anderson Manufacturing AM-15 pistol, bearing serial number 21366223; and an
Anderson Manufacturing AM-15 pistol, bearing serial number 21211663, said firearm having been
in and affecting interstate commerce, in violation of Title 18, United States Code, Sections
922(g)(1), 924(a)(8), and 2.

COUNT 8
(Possession with the Intent to Distribute Tapentadol and Marijuana)

On or about March 28, 2023, in the Eastern District of Louisiana, the defendant
| Ra knowingly and intentionally possess with the intent to distribute a quantity of a mixture
and substance containing a detectable amount of tapentadol, a Schedule II controlled substance,
and a quantity of a mixture and substance containing a detectable amount of marijuana, a
Schedule I controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1),
841(b)(1)(C), and 841(b)(1)(D).

COUNT 9
(Felon in Possession of a Firearm)

On or about March 28, 2023, in the Eastern District of Louisiana, the defendant,
po knowing that he had been convicted of a crime punishable by imprisonment for a term
exceeding one year, to wit: a conviction on December 13, 2010, in the Orleans Parish Criminal
District Court, State of Louisiana, Case No. 496121, for simple burglary in violation of La. R.S.
14:62; a conviction on December 16, 2011, in the Orleans Parish Criminal District Court, State of
Louisiana, Case No. 508721, for sale/distribution/possession of legend drug without prescription
in violation of La. R.S. 40:1238.1; and a conviction on May 24, 2017, in the Orleans Parish
Criminal District Court, State of Louisiana, Case No. 530001, for possession of a firearm by a
felon in violation of La. R.S. 14:95.1, did knowingly possess a firearm, to wit: : a Glock 17 GenS,

9mm semi-automatic pistol, bearing serial number BNHS395; a Glock 27 Gen4, .40 caliber semi-
automatic pistol, bearing serial number SXP465; a Smith & Wesson SD9 VE, 9mm semi-
automatic pistol, bearing serial number FWJ4934; an Anderson Manufacturing AM-15 pistol,
bearing serial number 21366223; and an Anderson Manufacturing AM-15 pistol, bearing serial
number 21211663, said firearm having been in and affecting interstate commerce, in violation of
Title 18, United States Code, Sections 922(g)(1), 924(a)(8), and 2.

COUNT 10
(Possession with the Intent to Distribute Tapentadol and Marijuana)

On or about May 17, 2023, in the Eastern District of Louisiana, the defendants,
JONATHAN GONZALEZ and MARK WILLIAMS, did knowingly and intentionally possess
with the intent to distribute a quantity of a mixture and substance containing a detectable amount
of tapentadol, a Schedule II controlled substance, and a quantity of a mixture and substance
containing a detectable amount of marijuana, a Schedule I controlled substance, in violation of
Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C), and 841(b)(1)(D), and Title 18,
United States Code, Section 2.

COUNT 11
(Possession of a Firearm in Furtherance of a Drug Trafficking Crime)

On or about May 17, 2023, in the Eastern District of Louisiana, the defendants,
JONATHAN GONZALEZ and MARK WILLIAMS, did knowingly possess a firearm, to wit:
an ABC Rifle Company AR-15 .223/5.56mm caliber semi-automatic pistol, bearing serial number
77-10303: a Glock 23 Gen5, .40 caliber semi-automatic pistol, bearing serial number AHAS731;
and a Glock semi-automatic pistol, bearing serial number KVR840, in furtherance of a drug
trafficking crime for which they may be prosecuted in a court of the United States, to wit:

possession with the intent to distribute tapentadol and marijuana, as charged in Count 10 of this
Second Superseding Indictment, in violation of Title 18, United States Code, Sections
924(c)(1)(A)(i) and 2.

COUNT 12
(Possession with Intent to Distribute Fentanyl, Cocaine, Tapentadol, and Tramadol)

On or about May 19, 2023, in the Eastern District of Louisiana, the defendants,
ANTHONY ROMAN, RONALD JOHNSON, and ee «i: knowingly and
intentionally possess with the intent to distribute 40 grams or more of a mixture and substance
containing a detectable amount of N-pheny]-N-[1-(2-phenylethy])-4-piperidinyl] propanamide
(fentanyl), a Schedule II controlled substance; a quantity of a mixture and substance containing a
detectable amount of cocaine hydrochloride, a Schedule II controlled substance; a quantity of a
mixture and substance containing a detectable amount of tapentadol, a Schedule II controlled
substance; and a quantity of a mixture and substance containing a detectable amount of tramadol,
a Schedule IV controlled substance, in violation of Title 21, United States Code, Sections
841(a)(1), 841(b)(1)(B), 841(b)(1)(C), and 841(b)(2), and Title 18, United States Code, Section 2.

COUNT 13
(Possession of a Firearm in Furtherance of a Drug Trafficking Crime)

On or about May 19, 2023, in the Eastern District of Louisiana, the defendants,
ANTHONY ROMAN, RONALD JOHNSON, and 6c knowingly possess
a firearm, to wit: a Century Arms Micro VSKA, 7.62x39mm caliber semi-automatic pistol, bearing
serial number MSV700588; a Century Arms C39, 7.62x39mm caliber semi-automatic pistol,
bearing serial number 39CTMO03754; an American Tactical MilSport 300BLK semi-automatic
pistol, bearing serial number MSA075341; a Glock 19 Gen5, 9mm semi-automatic pistol, bearing
serial number BKFY031; and a Glock 23 GenS, .40 caliber semi-automatic pistol, bearing serial

number BWHU565, in furtherance of a drug trafficking crime for which they may be prosecuted

10
in a court of the United States, to wit: possession with the intent to distribute fentanyl, cocaine,
tapentadol, and tramadol, as charged in Count 12 of this Second Superseding Indictment, in
violation of Title 18, United States Code, Sections 924(c)(1)(A)(i) and 2.

COUNT 14
(Using or Maintaining Drug Premises)

Beginning at a time unknown and continuing to on or about May 19, 2023, in the Eastern
District of Louisiana, the defendants, ANTHONY ROMAN, RONALD JOHNSON, and
ee i: unlawfully and knowingly use and maintain a place located at 5400
North Rampart Street, New Orleans, Louisiana 70117 for the purpose of distributing controlled
substances, in violation of Title 21, United States Code, Section 856(a)(1).

COUNT 15
(Felon in Possession of a Firearm)

On or about May 19, 2023, in the Eastern District of Louisiana, the defendant, RONALD
JOHNSON, knowing that he had been convicted of a crime punishable by imprisonment for a
term exceeding one year, to wit: a conviction on October 23, 2018, in the Orleans Parish Criminal
District Court, State of Louisiana, Case No. 528731, for first degree robbery in violation of
La. R.S. 14:64.1, did knowingly possess a firearm, to wit: a Century Arms Micro VSKA,
7.62x39mm caliber semi-automatic pistol, bearing serial number MSV700588; a Century Arms
C39, 7.62x39mm caliber semi-automatic pistol, bearing serial number 39CTM03754; an
American Tactical MilSport 300BLK semi-automatic pistol, bearing serial number MSA075341;
a Glock 19 Gen5, 9mm semi-automatic pistol, bearing serial number BXFY031; and a Glock 23
Gen5, .40 caliber semi-automatic pistol, bearing serial number BWHUS65, said firearm having
been in and affecting interstate commerce, in violation of Title 18, United States Code, Sections

922(g)(1) and 924(a)(8).

11
NOTICE OF FORFEITURE

b, The allegations of Counts | through 15 of this Second Superseding Indictment are
incorporated by reference as though set forth fully herein for the purpose of alleging forfeiture to
the United States.

2. As a result of the offenses alleged in Counts 2, 4, 7, 9, 11, 13, and 15, the
defendants, JONATHAN GONZALEZ, ANTHONY ROMAN, DARNELL MELTON, a
GH. MARK WILLIAMS, RONALD JOHNSON, iS coc
ee: forfeit to the United States pursuant to Title 18, United States Code, Section
924(d)(1), and Title 28, United States Code, Section 2461(c), any firearm or ammunition involved
in or used in the commission of said offenses, including but not limited to the following:

Glock 19 Gen5, 9mm semi-automatic pistol, bearing serial number
BXRC198;

Glock 17 Gen5, 9mm semi-automatic pistol, bearing serial number
BNH5395;

Glock 27 Gen4, .40 caliber semi-automatic pistol, bearing serial
number SXP465;

Smith & Wesson SD9 VE, 9mm semi-automatic pistol, bearing
serial number FWJ4934;

Anderson Manufacturing AM-15 pistol, bearing serial number
21366223;

Anderson Manufacturing AM-15 pistol, bearing serial number
21211663;

Glock 23 GenS, .40 caliber semi-automatic pistol, bearing serial
number AHAS731;

ABC Rifle Company AR-15 .223/5.56mm caliber semi-automatic
pistol, bearing serial number 77-10303;

Glock semi-automatic pistol, bearing serial number KVR840;

12
antes a a ~ an tar

Glock 19 GenS, 9mm semi-automatic pistol, bearing serial number
BXFY031;

Glock 23 Gen5, .40 caliber semi-automatic pistol, bearing serial
number BWHU565;

Century Arms Micro VSKA, 7.62x39mm caliber semi-automatic
pistol, bearing serial number MSV700588;

Century Arms C39, 7.62x39mm caliber semi-automatic pistol,
bearing serial number 39CTM03754; and

American Tactical MilSport 300BLK semi-automatic pistol,
bearing serial number MSA075341.

3. As a result of the offenses alleged in Counts 1, 3, 6, 8, 10, 12, and 14, the
defendants, JONATHAN GONZALEZ, ANTHONY ROMAN, DARNELL MELTON, ie
Po shall forfeit to the United States pursuant to Title 21, United States Code, Section
853, any property, constituting or derived from, any proceeds obtained, directly or indirectly, as
the result of said offenses, and any property, used or intended to be used, in any manner or part to
commit or to facilitate the commission of said offenses.

4, As a result of the offense alleged in Count 5, the defendants, JONATHAN
GONZALEZ and ANTHONY ROMAN, shall forfeit to the United States pursuant to Title 18,
United States Code, Section 981(a)(1)(C), and Title 28, United States Code, Section 2461(c), any
property, real or personal, which constitutes or is derived from, proceeds traceable to said offense,

including but not limited to the following:

2023 Infiniti QX80 SUV, Vehicle Identification Number (VIN)

Si If any of the above-described property, as a result of any act or omission of the

defendants:

13
a. cannot be located upon the exercise of due diligence;

b. has been transferred or sold to, or deposited with, a third person;

C. has been placed beyond jurisdiction of the Court;

d. has been substantially diminished in value; or

é has been commingled with other property which cannot be

subdivided without difficulty;
the United States shall seek a money judgment and, pursuant to Title 21, United States Code,

Section 853(p), forfeiture of any other property of the defendants up to the value of said property.

DUANE A. EVANS
UNITED STATES ATTORNEY

Assistant United States Attorney
Massachusetts Bar No. 685917
New York Bar No. 5175708

New Orleans, Louisiana
June 9, 2023


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