United States v. Ceballos-Torres

218 F.3d 409 (2000) United States Court of Appeals for the Fifth Circuit 2000-07-06

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)

Facts

  1. 7 Possession advances the specific predicate satisfied proved
    Sanchez followed Ceballos into the bedroom and noticed a 9mm Glock handgun lying in plain view on top of the bed.
  2. 7 Possession advances the specific predicate satisfied proved
    Ceballos said that he owned the gun for personal protection.
  3. 7 Possession advances the specific predicate satisfied proved
    During that search, they discovered 569.8 grams of cocaine and several empty kilo wrappers in the hidden compartment of a closet.
  4. 7 Possession advances the specific predicate satisfied proved
    What is instead required is evidence more specific to the particular defendant, showing that his or her possession actually furthered the drug trafficking offense.
  5. 7 Possession advances the specific predicate satisfied proved
    Thus, firearm possession that furthers, advances, or helps forward the drug trafficking offense violates the statute.
  6. 7 Possession advances the specific predicate satisfied proved
    The weapon was loaded and easily accessible in Ceballos’s apartment, and he confessed to ownership of the firearm.
  7. 7 Possession advances the specific predicate satisfied proved
    Together, these factors reasonably support a finding that Ceballos’s gun protected his drugs and money against robbery.
  8. 7 Possession advances the specific predicate satisfied proved
    Possession of the Glock was, therefore, in furtherance of drug trafficking.