United States v. Eric Taylor A/K/A "Shug"

I concur in the panel’s opinion, with the exception of its ultimate conclusion that the *772error in the jury instructions did not affect Taylor’s substantial rights. Because I believe that Taylor’s substantial rights have been adversely affected and that the failure by this court to correct the error “seriously affect[s] the fairness, integrity, or public reputation of judicial proceedings,” United States v. Olano, 507 U.S. 725, 736, 113 S.Ct. 1770, 1779, 128 L.Ed.2d 508 (1993), I would vacate Taylor’s conviction on the firearm count and remand the case for retrial.

The majority concludes that…