United States v. Logan Dee Underwood

33 F.3d 60 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Logan Dee UNDERWOOD, Defendant-Appellant. No. 93-30396. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 4, 1994. Decided Aug. 24, 1994. Before: ALARCON, BEEZER, and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Logan Dee Underwood appeals his jury conviction of use of a firearm during, and in relation to, the drug trafficking offense of possession with intent to distribute marijuana, in violation of 18 U.S.C. Sec. 924 (c)(1). He argues that there was insufficient evidence to convict him and that the district court erred in admitting certain evidence and in instructing the jury. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 * Underwood argues that there was insufficient evidence that he used the firearm, a sawed-off 20-gauge shotgun, in relation to a drug trafficking offense. The substance of Underwood's argument is…