Ferryman

United States v. Ferryman

Good Law
United States Court of Appeals for the Ninth CircuitApril 17, 200605-30081California1,375 words

Opinion

Opinion

I. BACKGROUND

In October, 2003, police officers searched Ferryman’s home pursuant to a warrant. The search turned up 875 grams of marijuana packaged in baggies, 1200 grams of dried mari- juana leaves, and 170 growing marijuana plants. The search also discovered eleven firearms: one loaded Glock .40 caliber pistol and one loaded Smith and Wesson revolver on the mas- ter bedroom nightstand, one loaded Ruger 9 mm pistol in a safe hidden in the master bedroom closet, one loaded shotgun in the master bedroom, one loaded shotgun near the front door, and five unloaded firearms.

Ferryman pleaded guilty to manufacturing marijuana, in violation of 21 U.S.C. § 841(a)(1), and to possession of a fire- 4376 UNITED STATES v. FERRYMAN arm by an unlawful user of marijuana, in violation of 18 U.S.C. § 922(g)(3). By written plea agreement, he admitted that he possessed the eleven firearms but did not admit that his possession was “in connection with” the marijuana grow- ing operation. Whether the firearms were possessed “in con- nection with” the marijuana offense is the crucial issue on appeal, and we discuss it in more detail below. Ferryman also admitted to the quantity of the…

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