· 1/15/2008
United States v. Burkley
Citations
- 513 F.3d 1183
- 2008 U.S. App. LEXIS 861
- 2008 WL 134208
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the evidence was sufficient to uphold the defendant’s conviction where, inter alia, “the jury heard expert testimony that the amount of marijuana in this case was more consistent with possession for distribution than possession for personal use”
- noting that \evidence of Defendant's firearm possession would have been admissible to prove his intent to distribute marijuana\
- noting that the existence of reasonable suspicion is a factual determination
- holding nexus established when gun is located near drugs intended for distribution and cash
- holding “close proximity between the firearm and the guns” created sufficient nexus between gun and underlying intent to distribute charge without discussion of whether defendant was in process of a drug transaction when he was initially pulled over for traffic violation
- “There is no requirement ... that the drug trafficking crime be the sole reason for the possession of the gun.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tacha, McKay, Lucero
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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