United States v. Johnson

MEMORANDUM *

Lashawn Jermaine Johnson (“Johnson”) appeals his conviction for possession of a firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924 (c)(1)(A). Johnson also appeals the 420-month sentence imposed for his convictions on drug possession and conspiracy charges under 21 U.S.C. § 841 (a)(1) and 21 U.S.C. § 846 . The parties are familiar with the facts, which we repeat here only to the extent necessary to explain our decision. We have jurisdiction under 28 U.S.C. § 1291 , affirm Johnson’s conviction, and remand to the district court for resen-tencing.

Johnson argues that although he possessed a gun and committed a drug crime, there is no evidence that he used the firearm in furtherance of the drug crime. We must determine de novo, viewing the evidence in the light most favorable to the prosecution, whether a rational trier of fact could have found the elements of the 18 U.S.C. § 924 (c) firearms offense beyond a reasonable doubt. See United States v. Mosley, 465 F.3d 412, 415 (9th Cir.2006). Though mere possession of a firearm is insufficient to convict under 18 U.S.C. § 924 (c)(1)(A), there is sufficient evidence of intent to use a firearm…