United States v. Herring

43 F. App'x 87

Opinion

MEMORANDUM *

Appellant’s argument — that there was insufficient evidence as a matter of law to sustain his conviction under 18 U.S.C. § 924(c) for carrying a weapon during and in relation to a drug sale — is foreclosed by the Supreme Court’s interpretation of “carry.” See Muscarello v. United States, 524 U.S. 125, 137, 118 S.Ct. 1911, 141 L.Ed.2d 111 (1998); see also United States v. Medinar-Chavarin, 147 F.3d 1161, 1162 (9th Cir.1998). The government showed at trial with sufficient evidence that appellant had a gun in his proximately-loeated vehicle; under Muscarello, this is sufficient to show that he “carried” a gun in a manner consonant with the statute.

AFFIRMED.

Footnotes

*

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.