United States Second Circuit

Conviction for drug trafficking and firearms possession is affirmed where there was sufficient evidence to permit a rational juror to conclude beyond a reasonable doubt that defendant knowingly possessed crack cocaine and firearms. Sentence is remanded for resentencing as the five-year mandatory minimum consecutive sentence for the firearm offense is inapplicable to the defendant because he was already subject to the longer ten-year minimum sentence for the predicate drug trafficking crime.

Appellate Information

• Argued Array
• Decided 03/05/2009
• Published 03/05/2009

Judges

• POOLER, Circuit Judge:, Before:  POOLER and HALL, Circuit Judges, and TRAGER, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Anjan Sahni and William J. Harrington, Assistant United States Attorneys (Jonathan S. Kolodner and Daniel Braun, Assistant United States Attorneys, of counsel), for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, for Appellee., B. Alan Seidler, New York, NY, for Defendant-Appellant., Lewis J. Liman (Michael J. Byars, of counsel), Cleary Gottlieb Steen & Hamilton LLP, New York, NY, Amicus Curiae in Support of Defendant-Appellant.