United States v. Jose Chavez, United States of America v. Benjamin Yanez

978 F.2d 1266 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose CHAVEZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Benjamin YANEZ, Defendant-Appellant. Nos. 91-50532, 91-50540. United States Court of Appeals, Ninth Circuit. Submitted Nov. 3, 1992. * Decided Nov. 5, 1992. Before WALLACE, Chief Judge, and TROTT and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Appellants Jose Chavez and Benjamin Yanez challenge their convictions for violating 21 U.S.C. §§ 846 and 841(a)(1), engaging in the distribution of phencyclidine ("PCP"), and 18 U.S.C. § 924 (c), use of a firearm during a drug trafficking offense. 3 * Jose Chavez first argues the evidence was insufficient to sustain his conviction for using a firearm during a drug trafficking offense in violation of 18 U.S.C. § 924 (c). In an appeal for sufficiency of the evidence, we set aside the jury's verdict only if, " 'reviewing…