United States v. Silver Galindo

MEMORANDUM

Silver Galindo appeals his jury conviction of multiple counts of being a felon in possession of a firearm and ammunition, possession with intent to distribute five grams or more of methamphetamine, and possession of a firearm during and in relation to a drug trafficking crime.

Galindo first argues that the district court erred by failing to instruct the jury regarding one of the essential elements of the crime of Possession of a Firearm During and In Relation to a Drug Trafficking Crime, 18 U.S.C. § 924 (c)(1), charged in Counts 3 and 11. He argues that no explanation of the term “drug trafficking crime” was given. Galindo did not object to this alleged error at trial, so we review the instruction for plain error. United States v. Alferahin, 433 F.3d 1148, 1153-54 (9th Cir.2006).

The district court did not err in instructing the jury on the elements of Counts 3 and 11. The court instructed the jury that it could convict Galindo on those counts only if the jury found Galindo guilty of Counts 2 and 10, respectively. The jury found Galindo guilty of Counts 2 and 10, which Galindo concedes are drug trafficking crimes.

Galindo next argues that the district court erred in…