Ulloa

United States v. Ulloa

Good Law
77 F. App'x 965
United States Court of Appeals for the Ninth CircuitOctober 14, 2003No. 02-30285; D.C. No. CR-99-04-BLG-RFC-13California1,058 words

Opinion

Lead Opinion

*966 MEMORANDUM ***

Daniel Octavio Ulloa (“Ulloa”) appeals his conviction and sentence for two counts of using a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924 (c)(1). Ulloa was a member of a large scale methamphetamine distribution ring. A member of that conspiracy traded drugs for guns. Because the parties are familiar with the facts we do not repeat them here.

Ulloa contends that there was insufficient evidence to support his firearms convictions. He also contends, and the Government concedes, that the district court erred in imposing consecutive sentences for two § 924(c) convictions when both convictions were founded upon the same predicate offense of conspiracy. We affirm the convictions but reverse the § 924(c) sentences.

Under 18 U.S.C. § 924 (c), the Government must prove an underlying predicate offense as defined by the statute and the use of a firearm during and in relation to that offense. United States v. Castaneda, 9 F.3d 761, 765 (9th Cir.1993), overruled on other grounds by United States v. Nordby, 225 F.3d 1053 (9th Cir.2000). The “use” alleged by the Government was the trading of guns for drugs. “The…

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