United States v. Somkhit Thongsy

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 08-30198 Plaintiff-Appellee, v.  D.C. No. 1:07-cr-30023-PA

SOMKHIT THONGSY,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Oregon Owen M. Panner, District Judge, Presiding

Argued and Submitted May 5, 2009—Portland, Oregon

Filed August 17, 2009

Before: William A. Fletcher, Carlos T. Bea, and Sandra S. Ikuta, Circuit Judges.

Opinion by Judge Ikuta

11149 11152 UNITED STATES v. THONGSY

COUNSEL

Robert M. Stone (briefed and argued), Medford, Oregon for the defendant-appellant.

Karen J. Immergut (briefed), Judith R. Harper (briefed and argued), Medford, Oregon for the plaintiff-appellee.

OPINION

IKUTA, Circuit Judge:

Somkhit Thongsy challenges his jury conviction for posses- sion of a firearm in furtherance of a felony under 18 U.S.C. UNITED STATES v. THONGSY 11153 § 924(c). Thongsy argues that the evidence adduced at trial was insufficient to prove he possessed a firearm because he was asleep, no firearm was on his person, and he shared a tent with two…