United States First Circuit
US v. Gurka, 08-2584
District court's denial of defendant's motion to withdraw the portion of his guilty plea pleading to gun charges related to a cocaine trafficking offense is affirmed as a plain reading of 18 U.S.C. section 924(c)(1)(A)'s text shows that a defendant who exchanges drugs for guns "possesses" the guns "in furtherance" of a drug trafficking crime within the meaning of the statute.
Appellate Information
- Decided 05/12/2010
- Published 05/12/2010
Judges
- LYNCH, Chief Judge., Before Lynch, Chief Judge, Torruella and Boudin, Circuit Judges.
Court
- United States First Circuit
Counsel
- For Appellees:
- Donald C. Lockhart, Assistant United States Attorney, with whom Peter F. Neronha, United States Attorney, and Kenneth P. Madden, First Assistant United States Attorney, were on brief for appellee.