UNITED STATES of America, Plaintiff-Appellee, v. Pedro Arias HERNANDEZ, Defendant-Appellant

On September 27, 1994, a jury returned guilty verdicts against Pedro Arias Hernandez on one count of using or carrying a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924 (c)(1) (1994), and on one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1) (1994). The charges were based on events that took place on April 27, 1989, and evidence seized pursuant to a search warrant issued that same day.

On appeal, Hernandez argues that (1) the evidence was insufficient to support the § 924(c)(1) conviction because he did not “use” or “carry” a firearm; (2) the § 924(c)(1) charge should have been dismissed because the government did not charge a separate drug trafficking crime, and that crime is now beyond the statute of limitations; (3) the evidence seized should have been suppressed because the search warrant lacked probable cause; (4) the evidence seized should have been suppressed because the search warrant affiant deliberately or recklessly included false statements in and omitted material information from the search warrant application; (5) the government has engaged in vindictive prosecution; and…