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U.S. v. FONSECA-CARO

No. 95-16649.

114 F.3d 906 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Ernesto Manuel FONSECA-CARO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 5, 1997.

Attorney(s) appearing for the Case

Kenneth G. Parker, O'Melveny & Myers, Newport Beach, California, for defendant-appellant.

Robert L. Miskell and James D. Whitney, Assistant United States Attorneys, Tucson, Arizona, for plaintiff-appellee.

Before: BROWNING, and SCHROEDER, Circuit Judges and RESTANI, Judge.

OPINION

PER CURIAM.

Ernesto Manuel Fonseca-Caro appeals the denial of his second motion for relief under 28 U.S.C. § 2255. We affirm.1

Fonseca-Caro was found guilty under a Pinkerton instruction of violating 18 U.S.C. § 924(c) based solely upon the use and carrying of a gun by a co-conspirator. Under Pinkerton v. United States, 328 U.S. 640, 647-48, 66 S.Ct. 1180...

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