Perez-Lopez

MEMORANDUM ***

Jose Luis Perez-Lopez appeals his conviction under 18 U.S.C. § 924 (c)(1)(A). He argues that the evidence, viewed in the light most favorable to the prosecution, is insufficient for any rational trier of fact to conclude he carried or possessed a firearm in relation to or in furtherance of an admitted drug trafficking crime. See United States v. Carranza, 289 F.3d 634 , 641—42 (9th Cir.2002) (reciting the standard of review). Perez-Lopez also argues that the district court abused its discretion when it denied him a “mere presence” jury instruction. We affirm.

The jury had to find beyond a reasonable doubt that Perez-Lopez: (1) trafficked drugs; (2) carried or used a gun, or possessed a gun; and, (3) carried or used a gun “during and in relation to [the] ... drug trafficking crime” or possessed the gun in furtherance of the drug trafficking crime. 18 U.S.C. § 924 (c)(1)(A). Perez-Lopez’s guilty plea to marijuana trafficking satisfies the first element. The record supports the trier fact’s conclusion that Perez-Lopez both carried a gun while trafficking drugs and possessed a gun in furtherance of trafficking drugs. See Carranza, 289 F.3d at 641-42 .

To establish…