United States Fifth Circuit

A conviction for the use of a firearm in furtherance of a drug trafficking crime and possession with intent to distribute cocaine base is reversed in part as to the conviction on the firearm possession count where: 1) the waiver in defendant's plea agreement did not bar his appeal; and 2) facts adduced in a plea agreement and colloquy did not suffice to establish that defendant's possession of a pistol was "in furtherance" of drug trafficking.

Appellate Information

• Decided 07/17/2006
• Published 07/18/2006

Judges

• PRADO, Circuit Judge:, Before GARZA, PRADO and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John Richard Berry (argued), James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S., Robert Kelsey Kry (argued), Baker Botts, Washington, DC, for Palmer.