Goff

United States v. Goff

Good Law
53 F. App'x 826
United States Court of Appeals for the Ninth CircuitDecember 17, 2002No. 01-10479; D.C. No. CR-99-00108-LDGCalifornia494 words

Opinion

Lead Opinion

MEMORANDUM **

Jessie Ray Goff appeals his conviction for carrying a firearm during and in relation to a drug trafficking crime in violation of 28 U.S.C. § 924 (c)(1). We affirm. Because the facts are familiar to the parties, we recount them only as necessary to explain our decision.

*827 The jury was properly instructed that Goff was responsible for the reasonably foreseeable actions of his coconspirators, including coconspirator Henry Bretton Reed. Pinkerton v. United States, 328 U.S. 640 , 66 S.Ct. 1180 , 90 L.Ed. 1489 (1946); see also United States v. Fonseca-Caro, 114 F.3d 906, 907 (9th Cir.1997) (holding that a § 924(c)(1) conviction can be sustained under a Pinkerton theory).

The government introduced sufficient evidence from which a jury could conclude that either Goff or Reed carried a firearm during and in relation to a drug trafficking crime. When Reed was arrested and removed from his black El Camino car after the attempted drug sale, government agents discovered that Reed had been sitting on a .40 caliber Beretta. Goff’s statements later confirmed that Reed owned the Beretta. Goff drove the El Camino to the crime scene shortly before Reed occupied the car and…

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