Opinion
Argued and Submitted June 13, 2002.
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Appeal from the United States District Court for the District of Arizona Roger G. Strand, District Judge, Presiding.
Before GOODWIN, HAWKINS and FISHER, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
Appellant's argument--that there was insufficient evidence as a matter of law to sustain his conviction under 18 U.S.C. § 924(c) for carrying a weapon during and in relation to a drug sale--is foreclosed by the Supreme Court's interpretation of "carry." See Muscarello v. United States, 524 U.S. 125, 137, 118 S.Ct. 1911, 141 L.Ed.2d 111 (1998); see also United States v. Medina-Chavarin, 147 F.3d 1161, 1162 (9th Cir.1998). The government showed at trial with sufficient evidence that appellant had a gun in his proximately-located vehicle; under Muscarello, this is sufficient to show that he "carried" a gun in a manner consonant with the statute.
AFFIRMED.