U.S. v. FOSTER

No. 89-10405.

133 F.3d 704 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Leon Clifford FOSTER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 5, 1998.


Attorney(s) appearing for the Case

Miquel Rodriguez, Assistant United States Attorney, Sacramento, California, for Plaintiff-Appellee.

Michael R. Levine, Assistant Federal Public Defender, Portland, Oregon, for Defendant-Appellant.

Before: HUG, Chief Judge, and BROWNING, FLETCHER, KOZINSKI, THOMPSON, TROTT, FERNANDEZ, T.G. NELSON, KLEINFELD, TASHIMA and THOMAS, Circuit Judges.


OPINION

KOZINSKI, Circuit Judge.

What does it mean to "carry a gun"? We must choose between two duelling interpretations of the phrase.

I

Leon Foster and Sandra Ward manufactured methamphetamine. In 1989 the police got wise to them, pulled Foster over while he was driving his pickup truck and arrested him. In his truck bed, in a zipped up bag under a snap-down tarp, they found a loaded 9...

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