Source: cases/18usc924/f3d-218-409-us-v-ceballos-torres.case
Case source: https://www.neochart.com/catalog/cases/f3d/volume_218/0409_01/index.html
What is instead required is evidence more specific to the particular defendant, showing that his or her possession actually furthered the drug trafficking offense.
Thus, firearm possession that furthers, advances, or helps forward the drug trafficking offense violates the statute.
Together, these factors reasonably support a finding that Ceballos’s gun protected his drugs and money against robbery.
Possession of the Glock was, therefore, in furtherance of drug trafficking.
casedsl 1.2
# author: Flash3 (gemini-3.8-flash-high)
# triaged-by: Fable (2026-11-10)
case /f3d/218/0409-01
name United States v. Ceballos-Torres
cite 218 F.3d 409 (2000)
court United States Court of Appeals for the Fifth Circuit
date 2000-07-06
url catalog/cases/f3d/volume_218/0409_01/index.html
source ir/caselaw/f3d_218.jsonl sha1=d69ef064c0bca1a1e7e92ade134ac731b0a41484 chars=19253
# One opinion; its footnotes are appended after the disposition (@16121..) and belong to the same opinion.
opinion op : panel by Jolly @0..19253 controlling
party p1 : Javier Ceballos-Torres
count c1 : knowing possession of a firearm in furtherance of a drug trafficking crime, 18 U.S.C. § 924(c)(1)(A)(i) (predicate: possession with intent to distribute cocaine, 21 U.S.C. § 841)
law 18usc924 (c)(1)(A)
role applied
posture criminal appeal after bench trial (tried on the suppression-hearing evidence); sole issue is sufficiency of the evidence that the firearm was possessed "in furtherance"; conviction affirmed
result claimant-won
element furtherance : satisfied [proved]
decider trial-judge
review affirmed
party p1
count c1
route protection-of-drugs-or-proceeds
pattern loaded Glock lying on the bed of the apartment where 570 g of cocaine and drug-tainted cash were hidden; possessor an illegal alien
rule @13003..13166 | What is instead required is evidence more specific to the particular defendant, showing that his or her possession actually furthered the drug trafficking offense.
rule @15344..15461 | Thus, firearm possession that furthers, advances, or helps forward the drug trafficking offense violates the statute.
fact @1962..2075 [supports] | Sanchez followed Ceballos into the bedroom and noticed a 9mm Glock handgun lying in plain view on top of the bed.
fact @2403..2532 [supports] | During that search, they discovered 569.8 grams of cocaine and several empty kilo wrappers in the hidden compartment of a closet.
fact @15622..15736 [supports] | The weapon was loaded and easily accessible in Ceballos’s apartment, and he confessed to ownership of the firearm.
fact @2076..2136 [cuts-against] | Ceballos said that he owned the gun for personal protection.
held @15855..15974 | Together, these factors reasonably support a finding that Ceballos’s gun protected his drugs and money against robbery.
held @15975..16050 | Possession of the Glock was, therefore, in furtherance of drug trafficking.
gloss Sufficiency review of a bench-trial finding (any substantial evidence). The court adopts the dictionary meaning of "in furtherance" (furthers, advances, helps forward), rejects a "mere presence" test, lists non-exclusive factors, and affirms on the combination: loaded, accessible, illegally possessed, in the apartment with a substantial amount of drugs and money.
gloss The court also relied on the possession being illegal ("It was possessed illegally."), not quoted because it is a four-word sentence. The defendant's own stated purpose (personal protection) is recorded as cuts-against; the opinion reports it but does not weigh it expressly.