United States v. Juan Arevalo

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Juan AREVALO, Defendant-Appellant. No. 93-30161. United States Court of Appeals, Ninth Circuit. Submitted Aug. 1, 1994. * Decided Aug. 10, 1994. Before: WRIGHT, KOZINSKI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 1. Quoting from United States v. Stewart, 779 F.2d 538 (9th Cir.1985), Instruction 13 informed the jury it could convict Arevalo if "the firearm facilitated or had a role in the crime, such as emboldening an actor who had the opportunity or ability to display or discharge the weapon to protect himself or intimidate others." Id. at 540 ; ER 36. The second paragraph of the instruction explicitly related this language to defendant's drug trafficking crime. Contrary to Arevalo's assertion, the instruction adequately explained the required nexus between the drug trafficking offense in Count Two and the use of the firearm. 3 2. Even if the evidence of prior…