Muth
Muth v. Fondren
Opinion
Opinion
Graber, J.
ORDER
Petitioner Seth Muth appeals an order denying his request for post-conviction relief and declining to grant him a certificate of appealability (“COA”). Because no reasonable jurist would conclude that Petitioner has demonstrated actual innocence, we decline to issue a COA and we affirm the judgment of the district court.
In 2003, Petitioner pleaded guilty to using a firearm in relation to a drug trafficking offense, in violation of 18 U.S.C. § 924 (c)(1)(A). The district court for the District of Montana sentenced Petitioner to a five-year term for possession of methamphetamine with intent to distribute, plus a consecutive ten-year term for using a firearm in relation to an uncharged drug trafficking offense. Petitioner was initially incarcerated in Minnesota.
On December 10, 2007, the Supreme Court decided Watson v. United States, 552 U.S. 74 , 128 S.Ct. 579 , 169 L.Ed.2d 472 (2007). Watson abrogated our holding in United States v. Ramirez-Rangel, 103 F.3d 1501, 1506 (9th Cir.1997), that a person who receives a firearm in trade for drugs “uses” the firearm for the purposes of § 924(c)(1)(A). Under Watson , “a person does not ‘use’ a firearm under § 924(c)(1)(A) when he…