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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.
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