United States v. Epifanio Baena-Gabriel, United States of America v. Victor Manuel Perez-Valdez

91 F.3d 155 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Epifanio BAENA-GABRIEL, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Victor Manuel PEREZ-VALDEZ, Defendant-Appellant. Nos. 94-50056, 94-50094. United States Court of Appeals, Ninth Circuit. June 28, 1996. Before: WIGGINS, KOZINSKI and THOMPSON, Circuit Judges. 1 MEMORANDUM * 2 There was insufficient evidence to convict defendants of using a firearm during and in relation to a drug trafficking crime, 18 U.S.C. § 924 (c)(1). See Bailey v. United States, 116 S.Ct. 501 (1995). However, there was sufficient evidence to convict under the carrying prong of section 924(c)(1). See United States v. Hernandez, 80 F.3d 1253, 1258 (9th Cir.1996) (Defendant "must have transported the firearm on or about his or her person. This means the firearm must have been immediately available for use by the defendant." (citations omitted)). While Baena-Gabriel…