U.S. v. MARTINEZ

No. 89-4146.

912 F.2d 419 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Rubel Frank MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 23, 1990.


Attorney(s) appearing for the Case

Ronald J. Yengich of Yengich, Rich, Xaiz & Metos, Salt Lake City, Utah, for defendant-appellant.

Margaret R. Nelson (Dee Benson, U.S. Atty., and Gordon W. Campbell, Asst. U.S. Atty., on the brief), Asst. U.S. Atty., Salt Lake City, Utah, for plaintiff-appellee.

Before TACHA, McWILLIAMS, and BARRETT, Circuit Judges.


TACHA, Circuit Judge.

This is an appeal by Rubel Frank Martinez from his conviction for use of a firearm in drug trafficking in violation of 18 U.S.C. section 924(c)(1). Martinez contends that the district court erred in finding that (1) he possessed the requisite degree of dominion and control over the unloaded firearm to merit conviction under section 924(c)(1) and (2) he "used" the unloaded firearm in a manner proscribed...

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