United States v. James Smith Davis, Jr.

12 F.3d 1109 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. James Smith DAVIS, Jr., Defendant-Appellant. No. 93-50002. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 4, 1993. Decided Nov. 17, 1993. 1 Before: FLETCHER, PREGERSON, and NORRIS, Circuit Judges 2 MEMORANDUM * 3 Defendant James Smith Davis, Jr., appeals his conviction by conditional guilty plea for possession with intent to distribute cocaine, 21 U.S.C. Sec. 841 (a)(1), and his jury conviction for using or carrying a firearm "during or in relation to" a drug trafficking crime. 18 U.S.C. Sec. 924 (c)(1). In particular, Davis appeals the district court's denial of his motion to suppress evidence seized during a search of his luggage and its refusal to give an additional jury instruction that further defined "in relation to" with respect to the charge under Sec. 924(c). We affirm the convictions. 4 * Davis contends that the district court…