United States v. Joel Phillip Argento

95 F.3d 1158 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Joel Phillip ARGENTO, Defendant-Appellant. No. 95-50337. United States Court of Appeals, Ninth Circuit. Submitted July 12, 1996. * Decided Aug. 19, 1996. Before: FERNANDEZ and TASHIMA, Circuit Judges, and MERHIGE, ** Senior District Judge. MEMORANDUM *** Joel Phillip Argento appeals from his conviction for: (i) possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841 (a)(1); (ii) using and carrying a firearm during a drug trafficking crime, in violation of 18 U.S.C. § 924 (c); and (iii) possession by a felon of firearms, in violation of 18 U.S.C. § 922 (g)(1). The government concedes that Argento's conviction for using and carrying a firearm during a drug trafficking crime must be vacated, in light of Bailey v. United States, 116 S.Ct. 501 (1995). The only other issue raised by Argento is the sufficiency of the evidence…