United States First Circuit

Defendant's conviction for being a felon in possession of a firearm and imposition of a 70-month sentence is affirmed as defendant's possession of the firearm had the potential to facilitate the offense of distribution because the record supports the inference that he possessed the loaded gun knowing that there were drugs in the SUV which were intended for sale.

Appellate Information

• Decided 12/23/2009
• Published 12/23/2009

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, RIPPLE, and BOUDIN, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• David J. Barend, for appellant.


• For Appellees:
  
• Mark T. Quinlivan, Assistant U.S. Attorney, with whom Michael J. Sullivan, United States Attorney, and Angel Kelley Brown, Assistant U.S. Attorney, were on brief for appellee.