United States v. Jay French

94 F.3d 653 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jay FRENCH, Defendant-Appellant. No. 95-30386. United States Court of Appeals, Ninth Circuit. Submitted Aug. 5, 1996. * Decided Aug. 9, 1996. Before: WRIGHT, BEEZER and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Jay French appeals his conviction for "using" or "carrying" a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924 (c)(1). French contends that insufficient evidence was introduced to prove that he "used" or "carried" the firearm at issue. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse. 3 * On October 18, 1994, Helena, Montana police officers, accompanied by an FBI agent and a probation officer, conducted a search of French's trailer home. The officers were searching for a probationer who allegedly violated the terms of his probation by changing residences without advising his probation…