United States v. Lomando Scott

MEMORANDUM

Lomando Mark Scott appeals from his convictions for violations of 21 U.S.C. § 841(a)(1), 18 U.S.C. § 922 (g)(1), and 18 U.S.C. § 924 (c), as well as from his sentence following those convictions. We affirm.

1. The evidence was sufficient to support the § 924(e) conviction. See United States v. Rios, 449 F.3d 1009, 1011-12 (9th Cir.2006). The gun and a large quantity of drugs were found together in a pillowcase in Scott’s car. Although the evidence indicated that Scott was hurriedly packing up his car because of the unexpected eviction, a rational jury could have concluded either that Scott placed the gun with the drugs in the pillowcase for the purpose of protecting the drugs, or that the gun and drugs were located together in the house for the same purpose, and thus—in either event—that the gun was possessed in furtherance of the drug trafficking offense. See United States v. Norwood, 603 F.3d 1063, 1072 (9th Cir.2010).

2. We decline to address the instructional error identified in the government’s brief, see United States v. Thongsy, 577 F.3d 1036, 1042 (9th Cir.2009), but not raised in Scott’s briefs, see United States v. Ullah, 976 F.2d 509, 514 (9th…