United States v. Alfonso Mendoza, United States of America v. German Silva, United States of America v. Sergio Mendoza

At the trial of these Appellants and others for charges of using or carrying a firearm during the commission of various drug trafficking offenses under 18 U.S.C. § 924 (c), the district court did not instruct the jury that the use or carrying of the firearm had to be “in relation to” the drug offenses. We hold the failure to instruct the jury on this element of the crime was reversible error.

BACKGROUND

This case arose from a joint undercover drug operation conducted by the Yakima Police and the Immigration and Naturalization Service (INS). Appellant German Silva was responsible for introducing INS undercover agent Manuel Rodriguez, who was posing as a buyer, to codefendants Ignacio Soliz and Jose Mendoza for the purpose of arranging a cocaine purchase. Silva was not present at the actual sale which took place in the parking lot of a Dairy Queen restaurant on the evening of August 8, 1991. Jose Mendoza and Soliz arrived at the parking lot in Soliz’s van, followed closely by a Volkswagen Rabbit driven by Appellant Alfonso Mendoza and carrying as a passenger his brother, Appellant Sergio Mendoza. Alfonso parked the Rabbit beside Soliz’s van. There was a loaded .22 caliber pistol…