United States v. Jose Arreola

In this appeal, we consider whether in using the phrases “possesses” and “uses or carries,” 18 U.S.C. § 924 (c)(1)(A) defines two offenses or two means of committing a single offense. We conclude that the statute defines one offense, and affirm the judgment of the district court.

I

Jose Arreola appeals his conviction for the usé of a firearm during the commission of a drug trafficking crime, in violation of 18 U.S.C. § 924 (c). The circumstances that led to his conviction began in April 2001, when Arreola met Roberto Martinez, an undercover police officer, in a Taco Bell parking lot in Oakland. Arreola invited Martinez into his gold Ford Expedition. When Martinez got into the car, Arreola was seated in the second of three rows of seats. Two of Arreola’s associates were seated in the front seats, and a confidential informant was seated with Arreola. Ar-reola offered to sell Martinez seventy ounces of heroin. Martinez asked Arreola to wait while he got the money to pay for the heroin. Martinez exited the Expedition, supposedly to obtain the necessary cash, and gave an arrest signal to officers waiting nearby. Arreola and his two associates were arrested.

After the arrests,…