United States Ninth Circuit

Defendant's conviction for possession of a firearm "in furtherance of" a drug trafficking offense in violation of 18 U.S.C. section 924(c) is affirmed where, when one accepts a gun in exchange for drugs, the gun is an integral part of the drug sale because without the gun - the "currency" for the purchase - the drug sale would not take place.

Appellate Information

• Argued 10/06/2009
• Decided 11/16/2009
• Published 11/16/2009

Judges

• O'SCANNLAIN, Circuit Judge:, Before:  DIARMUID F. O'SCANNLAIN and N. RANDY SMITH, Circuit Judges, and CHARLES R. WOLLE, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Terri Wood, of Eugene, OR, argued the cause for the defendant-appellant and filed the briefs., Frank R. Papagini, Jr., Assistant United States Attorney for the District of Oregon, Eugene, OR, argued the cause for the appellee and filed the brief.   Karin J. Immergut, United States Attorney for the District of Oregon, and Kelly A. Zusman, Assistant United States Attorney for the District of Oregon, were on the brief.