UNITED STATES v. STEWART

No. 85-1070.

779 F.2d 538 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Richard STEWART, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 27, 1985.


Attorney(s) appearing for the Case

Brian C. Leighton, Asst. U.S. Atty., Fresno, Cal., for plaintiff-appellee.

John F. Garland, Asst. Fed. Defender, Fresno, Cal., for defendant-appellant.

Before SNEED, KENNEDY, and BOOCHEVER, Circuit Judges.


KENNEDY, Circuit Judge:

Appellant Richard Stewart was convicted by a federal jury on fourteen counts of an indictment arising from the operation of an illegal drug manufacturing and distribution network in Fresno, California. There are but two issues on appeal. The first pertains to the jury instructions given on a single count for carrying firearms during the commission of a felony in violation of 18 U.S.C. § 924(c)(2) (1982), as to which we reverse. The second...

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