United States v. Leonel Chavarin-Medina

972 F.2d 1344 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Leonel CHAVARIN-MEDINA, Defendant-Appellant. No. 92-50225. United States Court of Appeals, Ninth Circuit. Submitted July 12, 1992. * Decided Aug. 6, 1992. Before GOODWIN, PREGERSON and ALARCON, Circuit Judges. 1 MEMORANDUM ** 2 Leonel Chavarin-Medina appeals his conviction following a jury trial for one count of possession with intent to distribute heroin, in violation of 21 U.S.C. § 841 (a)(1), and one count of carrying a firearm in relation to the commission of a narcotics trafficking crime, in violation of 18 U.S.C. § 924 (c). Special agents of the Drug Enforcement Administration (DEA) arrested Chavarin-Medina after determining from surveillance that he had approximately 500 grams of pure black-tar heroin in his possession. During a vehicle search incident to the arrest, Special Agent Michael Orton retrieved a loaded semi-automatic pistol. I.…