452 F. App'x 219
3d Cir.2011Background
- Aliquippa officer stopped Johnson for tinted windows and loud music; Johnson appeared nervous, sweating, stuttering; officer found 87 crack rocks in a baggie weighing 8.2 grams and recovered cash and a cell phone; on a separate stop, Johnson was arrested after speeding and jumping out of a car; officer found crack cocaine in the car’s floor and later a handgun under the driver’s seat in a seized Alero; grand jury returned a three-count Superseding Indictment charging Counts 1-2 with possession with intent to distribute crack cocaine and Count 3 with carrying a firearm in relation to and in furtherance of a drug trafficking crime.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for Counts 1-2 | Johnson challenges weight of drugs and intent evidence. | Johnson contends evidence insufficient to show possession with intent to distribute. | Evidence sufficient to prove intent to distribute. |
| Sufficiency of evidence for Count 3 | Evidence did not prove firearm in furtherance. | Firearm placement tied to drug trafficking supports Count 3. | Sufficient evidence of firearm in furtherance of drug trafficking. |
| Plain error in § 924(c) jury instruction | District Court failed to instruct on both ‘in relation to’ and ‘in furtherance’. | Instructed on both aspects; no plain error. | No plain error; instruction sufficient. |
| Denial of suppression order | Stop/Frisk exceeded Terry scope; illegal seizure. | Stop justified by reasonable suspicion; plain view of drugs permissible. | District Court did not err; suppression denial affirmed. |
Key Cases Cited
- United States v. Bornman, 559 F.3d 150 (3d Cir. 2009) (standard for sufficiency review; deferential scrutiny)
- United States v. Helbing, 209 F.3d 226 (3d Cir. 2000) (standard of review for sufficiency of evidence)
- United States v. Iafelice, 978 F.2d 92 (3d Cir. 1992) (proof of possession with intent to distribute may be circumstantial)
- United States v. Bobb, 471 F.3d 491 (3d Cir. 2006) (elements of § 924(c) offense; constructive possession)
- United States v. Cunningham, 517 F.3d 175 (3d Cir. 2008) (constructive possession standard)
- United States v. Sparrow, 371 F.3d 851 (3d Cir. 2004) (factors for proving possession in furtherance)
- United States v. Ceballos-Torres, 218 F.3d 409 (5th Cir. 2000) (non-exhaustive factors for ‘in furtherance’ analysis)
- United States v. Lawrence, 308 F.3d 623 (6th Cir. 2002) (gun positioned to deter drug activity may support furtherance)
- United States v. Loney, 219 F.3d 281 (4th Cir. 2000) (‘in furtherance’ standard guidance)
- United States v. Cusumano, 943 F.2d 305 (3d Cir. 1991) (jury may use disjunctive interpretation where statute is disjunctive)
- United States v. Yamba, 506 F.3d 251 (3d Cir. 2007) (plain feel scope of Terry search; probability of contraband)
- Terry v. Ohio, 392 U.S. 1 (1968) (permissible protective frisk for weapons)
- Minnesota v. Dickerson, 508 U.S. 366 (1993) (plain-feel search permissible for contraband)
- Delfin-Colina v. United States, 464 F.3d 392 (3d Cir. 2006) (review standard for suppression)