White

MEMORANDUM **

Barry White appeals his conviction under 18 U.S.C. § 924 (c)(1) for “carrying” a firearm “during and in relation to” one or more drug trafficking crimes. A jury found White guilty of violating § 924(c)(1) and of, inter alia, distribution of marijuana and possession with intent to distribute marijuana, the drug trafficking crimes underlying his § 924(c)(1) conviction. White contends that there was insufficient evidence to support the § 924(c)(1) conviction. We affirm.

White’s contention that he did not “carry” a firearm, as that term is used in § 924(c)(1), because there was no evidence that he “physically transported” the firearm at issue is foreclosed by Muscarello v. United States, 524 U.S. 125 , 118 S.Ct. 1911 , 141 L.Ed.2d 111 (1998). Muscarello overruled the Ninth Circuit cases upon which White relies, and held that “[n]o one doubts that one who bears arms on his person ‘carries a weapon” ’ for purposes of § 924(c)(1). 524 U.S. at 130 , 118 S.Ct. 1911 . Here, the government proffered undisputed evidence that White had a loaded .38 caliber handgun in his back pocket.

There was also sufficient evidence adduced at trial to prove that White carried the firearm…