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U.S. v. MENDOZA

Nos. 92-30124, 92-30134 and 92-30142.

11 F.3d 126 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Alfonso MENDOZA, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. German SILVA, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Sergio MENDOZA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 6, 1993.

Attorney(s) appearing for the Case

George P. Trejo, Jr., Contreras-Trejo & Trejo, Richard A. Smith, Smith Law Offices, Victor H. Lara, Kurtz, Hurley, Lara & Adams, Yakima, WA, for defendants-appellants.

Gregory M. Shogren, Asst. U.S. Atty., Yakima, WA, for plaintiff-appellee.

Before: CANBY, WIGGINS, and T.G. NELSON, Circuit Judges.

T.G. NELSON, Circuit Judge:

At the trial of these Appellants and others for charges of using or carrying a firearm during the commission of various drug trafficking offenses under 18 U.S.C. § 924(c), the district court did not instruct the jury that the use or carrying of the firearm had to be "in relation to" the drug offenses. We hold the failure to instruct the jury on this element of the crime was reversible error.

BACKGROUND

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