United States v. Charles J. Mosley, Jr.

Charles J. Mosley, Jr. was found guilty by a jury of possession of crack cocaine with intent to distribute under 21 U.S.C. §§ 841 (a)(1), (b)(1)(B) (Count One), and possession of a firearm in furtherance of a drug trafficking offense under 18 U.S.C. § 924 (c)(1)(A) (Count Two). He appeals his conviction. We have jurisdiction pursuant to 28 U.S.C. § 3231 , and we affirm.

I

On May 16, 2004, officers from the Anchorage, Alaska, police department responded to a single-car accident involving Mosley. When the officers arrived at the scene they found Mosley wandering outside his vehicle; he appeared to be nervous, sweating, and under the influence of a controlled substance. Police discovered an outstanding warrant for his arrest and took him into custody. An officer searched Mosley’s person and discovered $2,300 in cash.

Before towing Mosley’s car, Officer Francis T. Stanfield searched the ground outside the vehicle. Under the car, Officer Stanfield found the plastic lid of a coffee grinder. The officer noticed a “brownish crystalline” residue with green flecks on the lid, which he believed to be methamphetamine and marijuana. Officer Stan-field retrieved a field test kit supplied by…