U.S. v. ARREOLA

No. 04-10504.

446 F.3d 926 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Jose ARREOLA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 26, 2006.


Attorney(s) appearing for the Case

Marc J. Zilversmit, San Francisco, CA, for appellant Arreola.

Deborah R. Douglas, Assistant United States Attorney, San Francisco, CA, for appellee United States.

Before WALLACE, HAWKINS, and THOMAS, Circuit Judges.


THOMAS, Circuit Judge.

In this appeal, we consider whether in using the phrases "possesses" and "uses or carries," 18 U.S.C. § 924(c)(1)(A) defines two offenses or two means of committing a single offense. We conclude that the statute defines one offense, and affirm the judgment of the district court.

I

Jose Arreola appeals his conviction for the use of a firearm during the commission of a drug trafficking crime, in violation of 18 U.S.C. &...

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