Powell

United States v. Powell

Good Law
128 F. App'x 590
United States Court of Appeals for the Ninth CircuitApril 6, 2005No. 03-30364California722 words

Opinion

Lead Opinion

MEMORANDUM **

After trial by jury, Bruce Powell was convicted of distribution and possession with intent to distribute diazepam and morphine in violation of 21 U.S.C. § 841 (a), and of using or carrying a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924 (c). Powell argues that the prosecution presented insufficient evidence to prove his guilt under § 924(c). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the district court.

To support a conviction under § 924(c), the government must prove that the defendant: 1) used or carried a firearm; 2) during and in relation to a drug trafficking crime. Smith v. United States, 508 U.S. 223, 227-28 , 113 S.Ct. 2050 , 124 L.Ed.2d 138 (1993); United States v. Aqui *592 no, 242 F.3d 859, 866-67 (9th Cir.2001). To meet this second element, it is sufficient that the firearm “facilitate[d] or ha[d] the potential of facilitating the drug trafficking offense.” Smith, 508 U.S. at 238 , 113 S.Ct. 2050 (internal quotation and alterations omitted); see also Krouse, 370 F.3d at 967. In other words, the presence or involvement of the firearm “cannot be the result of accident or coincidence.”…

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