United States v. Reyes

BENAVIDES, Circuit Judge:

Defendant-Appellant, Jose Virgilio Reyes, principally appeals his conviction of using or carrying a firearm during and in relation to a drug-trafficking crime in violation of 18 U.S.C. § 924(c)(1). Reyes claims that reversal of Ms conviction is mandated because the evidence at trial was insufficient to support the jury’s verdict and because the district court’s instructions to the jury constituted a constructive amendment of the indictment. Reyes also contends that Ms prosecution was barred because the government dismissed the origmal federal complaint against him…