Lopez

We must decide whether the convictions for using or carrying a firearm during and in relation to a drug trafficking crime can stand in light of Bailey v. United States, — U.S. -, 116 S.Ct. 501 , 133 L.Ed.2d 472 (1995), and jury instructions which misdescribed an element of the offense.

I

This court affirmed the convictions and sentences of Rolando Lopez and Josefa Fuentes on five counts: conspiracy to distribute'270 grams of heroin in violation of 21 U.S.C. § 846 (count one); distributing twenty-five grams of heroin in violation of 21 U.S.C. § 841 (a)(1) (count two); 1 possession with intent to distribute 270 grams of heroin in violation of 21 U.S.C. § 841 (a)(1) (count three); using and carrying a super semiautomatic .38 caliber pistol on October 16, 1991 during and in relation to a drug trafficking crime — rpossession with intent to distribute — in violation of 18 U.S.C. § 924 (c) (count four); and using and carrying a super semiautomatic .38 caliber pistol and loaded AK-47 rifle on October 16, 1991 during and in relation to a drug trafficking crime — conspiracy to possess heroin with intent to distribute— in violation of 18 U.S.C. § 924 (c) (count five). United States v.…