Legal Opinion

United States v. Wayne Barber

Court of Appeals for the Ninth Circuit

Decided May 2, 1979No. 78-1915PublishedCited by 33 opinions

1Opinion of the Court

HUFSTEDLER, Circuit Judge:

Barber appeals from his conviction for conspiring to possess with intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846, and for unlawfully carrying a firearm during the commission of a felony in violation of 18 U.S.C. § 924(c)(2). Barber contends that the evidence was insufficient to sustain his conviction for violating 18 U.S.C. § 924(c)(2) because the Government failed adequately to prove that he was “carrying” a firearm “during” the commission of a federal felony within the meaning of the statute, that the Government deprived him of…

2Cases cited5 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. Francisco Pena-Cabanillas v. United StatesCourt of Appeals for the Ninth Circuit · 1968
  3. United States v. RamirezCourt of Appeals for the Second Circuit · 1973
  4. United States v. Lewis Nathaniel DixonCourt of Appeals for the Ninth Circuit · 1977
  5. People v. JuradoCalifornia Court of Appeal · 1972

3Cited by33 opinions

  1. United States v. James GarrettCourt of Appeals for the Seventh Circuit · 1990
  2. United States v. Martin Cardenas, A/K/A Raul RamirezCourt of Appeals for the Tenth Circuit · 1989
  3. United States v. Juan A. Acosta-CazaresCourt of Appeals for the Sixth Circuit · 1989
  4. United States v. Larry BrownCourt of Appeals for the Sixth Circuit · 1990
  5. United States v. Gilberto Pineda-Ortuno and Carlos Ramirez-CarranzaCourt of Appeals for the Fifth Circuit · 1992

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