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· 6/14/2002

United States v. Clarence J. Lomax

Citations

  • 293 F.3d 701
  • 2002 U.S. App. LEXIS 11746
  • 2002 WL 1309020

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that there was sufficient evidence when, inter alia, the defendant was found running down the street with a loaded semiautomatic pistol in his hands and nineteen packaged hits of crack on his person
  • holding that § 924(c) “requires the government to present evidence indicating that the possession of a firearm furthered, advanced, or helped forward a drug trafficking crime . . . [and] whether the firearm served such a purpose is ultimately a factual question”
  • recognizing the “numerous ways in which a firearm might further or advance drug trafficking”
  • explaining that, in order to establish “furtherance,” prosecution must present evidence that firearm furthered, advanced, or helped forward drug trafficking crime, which may include its use in protecting distribution scheme
  • recognizing the “numerous ways in which a firearm might further or advance drug trafficking”
  • noting that the Ceballos-Torres factors may lead a fact finder to conclude that the necessary nexus between a firearm and a drug trafficking activity exists but that our analysis is not limited to these factors alone

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkinson, Williams, King

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.