United States v. Pierre S. MacKey

How courts have described this case

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

• holding that “in furtherance of” requires more than the mere presence of a gun
• holding that “an illegally possessed, loaded, short-barreled shotgun in the living room of the crack house, easily accessible to the defendant and located near the scales and razor blades” was possessed “in furtherance of’ a drug transaction
• holding that there was sufficient evidence when the defen- dant was found with 2.3 grams of crack on his person, and an illegally possessed loaded shotgun, scales, and razor blades were found in the house from which the defendant sold drugs
• stating that accessibility and the Cebal-los-Torres factors merely help “to distinguish possession in furtherance of a crime from innocent possession of a wall-mounted antique or an unloaded hunting rifle locked in a cupboard”
• noting that “circumstantial evidence alone can be sufficient to sustain a conviction” for possession with intent to distribute
• noting that finding a loaded gun, easily accessible and near drug paraphernalia, is 3 It is important to note that a district court’s application of the sentencing enhancement under U.S.S.G. § 2D1.1(b)(1

Source: CourtListener parenthetical corpus (CC0).