United States v. Richard M. Canon

97 F.3d 1461 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard M. CANON, Defendant-Appellant. No. 95-10463. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1996. * Decided Sept. 26, 1996. 1 Before: BEEZER and THOMPSON, Circuit Judges, and GONZALEZ, District Judge. ** 2 MEMORANDUM *** 3 Richard M. Canon appeals his guilty plea conviction, pursuant to 28 U.S.C. § 924 (c), for "us[ing] or carr[ying]" a firearm "during and in relation to" his attempt to possess methamphetamine with the intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We affirm. 4 In his opening brief, Canon argues that his conviction should be reversed because he was not "using" the firearm in question. The government concedes that Canon was not "using" the firearm as that term was recently defined in Bailey v. United States, 116 S.Ct. 501 (1995). The government argues, however, that Canon was…