United States v. Marcus Vickers

942 F.2d 795 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Marcus VICKERS, Defendant-Appellant. No. 90-10187. United States Court of Appeals, Ninth Circuit. Submitted Aug. 15, 1991. * Decided Aug. 30, 1991. Before BROWNING, FARRIS and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 There was sufficient evidence to support Vickers' conviction for use of a firearm in a drug trafficking offense. A reasonable jury can infer an intent to use a gun in relation to a drug trafficking offense if the firearm is "strategically located so as to be quickly and easily available for use during [a drug] transaction." United States v. Guy, 903 F.2d 1240, 1243 (9th Cir.1990). A firearm is available for purposes of 18 U.S.C. § 924 (c)(1) if "its physical proximity to the defendant at any time during the commission of the crime, or during arrest, supports the inference that it emboldened him to commit the underlying offense or to resist…