UNITED STATES of America, Plaintiff-Appellee, v. Abel MARTINEZ-SALAZAR, Defendant-Appellant

Opinion by Judge MICHAEL DALY HAWKINS; Partial Concurrence and Partial Dissent by Judge RYMER.

MICHAEL DALY HAWKINS, Circuit Judge.

FACTS

Abel Martinez-Salazar (“Martinez-Salazar”) was tried and convicted, along with a codefendant, of: (1) conspiracy to possess with intent to distribute heroin in violation of 21 U.S.C. § 846; (2) possession with intent to distribute heroin in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A)©; and (3) using or carrying a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1) (“gun count”). Martinez-Salazar appeals his…