United States v. David Palumbo

MEMORANDUM

David Palumbo (“Palumbo”) appeals the sentence imposed following his guilty plea to possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924 (c)(1). Palumbo discharged the gun when his drug co-conspirators threatened him with a weapon in order to take the drugs Palumbo thought they were transporting together for sale.

The district court did not err by issuing an order in limine preventing Pa-lumbo from arguing that he possessed the gun in self-defense. See United States v. Stewart, 779 F.2d 538, 540 (9th Cir.1985), overruled on other grounds by Bailey v. United States, 516 U.S. 137, 149 , 116 S.Ct. 501 , 133 L.Ed.2d 472 (1995). Palumbo contends that at the time that he discharged the gun, he was no longer possessing the gun in furtherance of a drug offense. The sentencing enhancement for discharge, 18 U.S.C. § 924 (c)(l)(A)(iii), does not require the discharge to be in furtherance of the drug offense. It requires only that the defendant possessed the gun in furtherance of a drug offense, and that the gun discharged during the possession. See Dean v. United States, 556 U.S. 568 , 129 S.Ct. 1849, 1854-56 , 173 L.Ed.2d 785…