United States v. Rhett Irons

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-30056 Plaintiff-Appellee, D.C. No. v. 2:19-cr-00035-

RAJ-

RHETT IRONS, AKA Luck, AKA Lucky, Defendant-Appellant. OPINION

Appeal from the United States District Court for the Western District of Washington Richard A. Jones, District Judge, Presiding

Argued and Submitted June 10, 2021 Seattle, Washington

Filed April 11, 2022

Before: William A. Fletcher, Paul J. Watford, and Daniel P. Collins, Circuit Judges.

Opinion by Judge Collins; Dissent by Judge Watford SUMMARY *

Criminal Law

The panel affirmed the defendant’s convictions, after a jury trial, on charges of conspiracy to distribute fentanyl (21 U.S.C. § 846) and possession of fentanyl with intent to distribute (21 U.S.C. §§ 841(a)(1), 841(b)(1)(B)(vi)); reversed his conviction on a charge of possession of a firearm in furtherance of that drug trafficking (18 U.S.C. § 924(c)); and remanded for a new trial on the § 924(c) charge.

The defendant contended that the district court's instructions failed adequately to explain the elements of…