Gastelum-Leyva

United States v. Gastelum-Leyva

Good Law
24 F. App'x 719
United States Court of Appeals for the Ninth CircuitDecember 3, 2001No. 00-10634; D.C. No. CR-98-00524-FRZCalifornia645 words

Opinion

Lead Opinion

MEMORANDUM

Manuel Gastelum-Leyva appeals his jury trial conviction and sentence for conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C. § 846 , possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(B), carrying a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924 (c), and possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(C). The district court had jurisdiction pursuant to 18 U.S.C. § 3231 ; this court has jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 . We affirm.

Gastelum-Leyva first asserts there was insufficient evidence to support a conviction on the gun charge, arguing the gun was merely present at the scene, was handled casually by the government’s confidential informant, and was not actively *721 employed or an operative factor in relation to the drug offense. We find the government put on sufficient evidence to satisfy the “carry” element of § 924(c). As this was all that was necessary under the statute, we need not address Gastelum-Leyva’s arguments regarding use.

The government presented…

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