found by the jury” are not the “functional equivalent” of the omitted or misdescribed element — even under a broad definition of “functional equivalent.” Id. at 13, 119 S.Ct. at 1836. We need not press Neder to its limits to decide the case at bar, because here the jury necessarily found that Johnson both used and carried the .380 semiautomatic pistol. As in Kennedy, although the using or carrying instruction was erroneous, the jury separately convicted Johnson for assaulting a police officer with the same weapon. See Indictment, Count 4; Judgment (Aug. 2, 1991). .The only possible basis for that conviction is that the jury found Johnson to have pointed the gun at Officer Flynn — an act that constitutes both “using” and “carrying.” See Muscarello, 524 U.S. at 131, 118 S.Ct. 1911 (<HOLDING>); Bailey, 516 U.S. at 148, 116 S.Ct. 501
holding that police may conduct a patdown search upon reasonable suspicion that a person is carrying a weapon holding that carry includes carrying of weapons directly on the person holding the word carry includes the carrying of a firearm in a vehicle holding that a defendant must directly facilitate or encourage the use or carrying of a firearm in order to be convicted under section 924c holding that carry includes driving a car with guns locked in the glove compartment or the trunk