No. 07-10326.

528 F.3d 1207 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Carlos GONZALEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 19, 2008.

Attorney(s) appearing for the Case

T.S. Hartzell, Attorney at Law, Tucson, AZ, for the defendant-appellant.

Bradley W. Giles, Assistant United States Attorney, Tucson, AZ, for the plaintiff-appellee.

Before: B. FLETCHER and PAMELA ANN RYMER, Circuit Judges, and KEVIN THOMAS DUFFY, District Judge.

BETTY B. FLETCHER, Circuit Judge:

Michael Gonzalez, a Border Patrol agent, appeals his jury conviction for possession with intent to distribute less than 50 kilograms of marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(D), and for use of a firearm in furtherance of that drug trafficking offense in violation of 18 U.S.C. § 924(c)(1)(A)(I). Gonzalez, in uniform and carrying his service-issued sidearm, was caught on videotape stealing a distribution...

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