United States First Circuit

Conviction for drug and weapons charges is affirmed as: 1) there was sufficient evidence that defendant constructively possessed a handgun; 2) simple possession of a firearm counts as "use" during furtherance of drug-trafficking; and 3) claim of ineffective assistance of counsel cannot be raised for the first time on appeal.

Appellate Information

• Decided 05/05/2006
• Published 05/08/2006

Judges

• SELYA, Circuit Judge., Before BOUDIN, Chief Judge, SELYA and LYNCH, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Juan J. HernándezLópez de Victoria, by appointment of the court, for appellant., Nestor Maldonado-García on supplemental brief, pro se ipso.


• For Appellees:
  
• Mariana E. Bauzá-Almonte, Assistant United States Attorney, with whom H.S. Garcia, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney (Senior Appellate Attorney), were on brief, for appellee.