United States v. Tomas Alvarez

28 F.3d 108 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Tomas ALVAREZ, Defendant-Appellee. No. 93-30097. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 8, 1994. Decided May 23, 1994. Before: WRIGHT, TANG and REINHARDT, Circuit Judges. 1 MEMORANDUM * I. 2 On December 10, 1992, Tomas Alvarez was convicted by a jury of using or carrying a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. Sec. 924 (c)(1). On February 24, 1993, the district court entered an order granting Alvarez's motion for judgment of acquittal. The Government appeals, contending that the district court erred in ruling that the Government failed to prove that Alvarez used or carried the firearm in relation to a drug crime. 3 We affirm the district court's judgment of acquittal. At trial, the Government failed to establish beyond a reasonable doubt that Alvarez used or carried the firearm in…