United States v. Henry Mendoza

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 19-50092 Plaintiff-Appellee, D.C. No. v. 2:16-cr-00390-

PA-

HENRY MENDOZA, AKA Hank, AKA Pelon, AKA Spanks, AKA Spanky, OPINION Defendant-Appellant.

Appeal from the United States District Court for the Central District of California Percy Anderson, District Judge, Presiding

Argued and Submitted December 6, 2021 Pasadena, California

Filed February 8, 2022

Before: Marsha S. Berzon, Carlos T. Bea, and Jacqueline H. Nguyen, Circuit Judges.

Opinion by Judge Bea SUMMARY *

Criminal Law

The panel vacated convictions for conspiracy to distribute methamphetamine under 21 U.S.C. § 846, RICO conspiracy under 18 U.S.C. § 1962(d), and carrying a firearm “during and in relation to” or “in furtherance of” a crime of violence or drug-trafficking crime under 18 U.S.C. § 924(c)(1)(A); and remanded to the district court to grant a judgment of acquittal on those charges and to resentence the defendant, who was a member of the Canta Ranas Organization.

The panel held that there was insufficient…