United States v. Ocampo

Facts

1. 3 Active employment of a firearm satisfied proved

   They executed the warrants and found 5,000 grams of cocaine in Apartment 3-D and 4,998 grams of cocaine in the Datsun.

2. 3 Active employment of a firearm satisfied proved

   While Ocampo never displayed or fired the weapon during the encounter

3. 3 Active employment of a firearm satisfied proved

   There was also ample evidence to support a finding that Ocampo "used" the weapon during the commission of the felony.

4. 3 Active employment of a firearm satisfied proved

   "Using" a weapon under § 924(c)(1) includes the possession of a firearm which in any manner facilitates the execution of a felony.

5. 3 Active employment of a firearm satisfied proved

   Given the value of the cocaine and the known risks of conducting an illegal drug business, the jury could reasonably infer from all of the evidence that Ocampo possessed a loaded revolver in order to protect himself, his partner, and his cocaine shipment.

6. 3 Active employment of a firearm satisfied proved

   Furthermore, the jury surely was entitled to find that the presence of a loaded revolver so close at hand provided Ocampo with the security and confidence necessary to undertake such a large drug transaction.

7. 3 Active employment of a firearm satisfied proved

   If the firearm is within the possession or control of a person who commits an underlying crime as defined by the statute, and the circumstances of the case show that the firearm facilitated or had a role in the crime, such as emboldening an actor who had the opportunity or ability to display or discharge the weapon to protect himself or to intimidate others, whether or not such a display or discharge in fact occurred, then there is a violation of the statute.

8. 4 Knowingly possess and convey the firearm satisfied proved

   he observed Ocampo bent over inside the vehicle placing an object on the floor of the passenger side

9. 4 Knowingly possess and convey the firearm satisfied proved

   they did observe Ocampo attempting to kick it underneath the passenger seat

10. 4 Knowingly possess and convey the firearm satisfied proved

    Dailey recovered the object, a loaded blue steel revolver, from underneath the passenger seat

11. 4 Knowingly possess and convey the firearm satisfied proved

    the gun was never displayed or brandished and was not found in the actual possession of either defendant

12. 4 Knowingly possess and convey the firearm satisfied proved

    there was ample evidence for the jury to find that he had the gun in his possession and was in the process of hiding it under the seat as the police approached the automobile

13. 4 Knowingly possess and convey the firearm satisfied proved

    Under these circumstances it was reasonable for the jury to conclude he "carried" the weapon as required by the statute.

14. 5 During and in relation to the predicate satisfied proved

    Ocampo walked down the stairwell first to the parking lot and again engaged in counter-surveillance while Escobar remained in the stairwell.

15. 5 During and in relation to the predicate satisfied proved

    The cocaine in the vehicle was found in the white plastic bag which Escobar was observed carrying into and out of the apartment premises.

16. 5 During and in relation to the predicate satisfied proved

    the gun was recovered from underneath the passenger seat and was not displayed in any manner during the encounter

17. 5 During and in relation to the predicate satisfied proved

    namely, that a person could not be prosecuted for inadvertently carrying a firearm in an obviously unrelated crime.

18. 5 During and in relation to the predicate satisfied proved

    The evidence on the record in this case places Ocampo's conduct clearly within the parameters of § 924(c)(1) as the government produced sufficient evidence at trial to link the gun to the narcotics offenses and to prove that the weapon was not inadvertently carried in relation to an obviously unrelated crime.