Arreola

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 04-10504 Plaintiff-Appellee, v.  D.C. No.

CR-01-40120-DLJ

JOSE ARREOLA,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Northern District of California D. Lowell Jensen, District Judge, Presiding

Argued and Submitted February 16, 2006—San Francisco, California

Filed April 26, 2006

Before: J. Clifford Wallace, Michael Daly Hawkins, and Sidney R. Thomas, Circuit Judges.

Opinion by Judge Thomas

4727 4730 UNITED STATES v. ARREOLA

COUNSEL

Marc J. Zilversmit, San Francisco, California, for appellant Arreola.

Deborah R. Douglas, Assistant United States Attorney, San Francisco, California, for appellee United States.

OPINION

THOMAS, Circuit Judge:

In this appeal, we consider whether in using the phrases “possesses” and “uses or carries,” 18 U.S.C. § 924(c)(1)(A) UNITED STATES v. ARREOLA 4731 defines two offenses or two means of committing a single offense. We conclude that the statute defines one offense, and affirm the judgment of the district court.

I

Jose Arreola…