United States v. Eduardo Perez

Eduardo Perez (“Perez”) timely appeals his conviction of carrying a firearm during a drug trafficking crime in violation of 18 U.S.C. § 924 (c). Perez contends the dis trict court incorrectly instructed the jury on the elements of section 924(c). We affirm.

I.

FACTS AND PRIOR PROCEEDINGS

On August 6, 1991, Detective Clifford Morgan of the Boise, Idaho Police Department, acting under the name of Ian Scott, was introduced by telephone to Rafael Avila, a defendant in this action. Detective Morgan and Avila discussed the purchase of kilograms of cocaine by Morgan. In preparation for the deal, Avila was to send samples of the cocaine to Detective Morgan.

After the samples were sent, Detective Morgan flew to Los Angeles and met with Avila at the Mission Hills Post Office parking lot (“post office”) regarding the multi-kilogram sale. At this meeting, Avila made a call from a pay phone and spoke with a person in Spanish. After the call, Avila told Morgan that “they” wanted him (Avila) to go over to “their” house to talk about the deal. Avila then drove to the codefendant Juan Anguiano’s house and picked up Anguiano.

Avila and Anguiano returned to the post office. Avila exited the…