United States v. Corey A. Moore, 2014 U.S. App. LEXIS 19648

Five-day bench trial; district court found Moore guilty of several counts including firearms in furtherance of a drug trafficking crime under 18 U.S.C. § 924(c).
Two days before, Moore was found with a half kilogram of cocaine after a pursuit from Officer Hubley who stopped him on Sherman Avenue; Moore fled and discarded a package containing cocaine.
A subsequent search of Moore’s basement apartment yielded 2.8 kilograms of PCP, cash (~$45,000), drug paraphernalia, and two firearms (unloaded Desert Eagle and loaded Smith & Wesson).
Moore was charged with weapons offenses and drug offenses; suppression motion for the stop was raised late in trial and denied by the district court.
Moore appealed, challenging the suppression ruling as waived and challenging the sufficiency of the § 924(c) nexus between firearms and drug trafficking.
The court affirmed, holding suppression was waived and there was sufficient nexus between firearms and drugs to sustain the § 924(c) conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Waiver of suppression motion before trial	Moore argues suppression should be decided on the merits, not waived.	Moore contends trial court erred by waiving suppression due to late filing.	Waiver affirmed; pretrial filing required
Good cause to excuse waiver for late suppression	New information at trial could justify good cause for delay.	There was no good cause; knowledge of stop existed at trial start and trial is not a vehicle to circumvent Rule 12.	No good cause; waiver stands
Sufficiency of nexus between firearms and drug trafficking under § 924(c)	Evidence linked guns to drug trafficking in apartment; sufficient nexus exists.	No clear nexus linking firearms to trafficking; insufficient under § 924(c).	Sufficient nexus; conviction upheld

United States v. Lomax, 293 F.3d 701 (4th Cir. 2002) (gives framework for nexus analysis under § 924(c))
Muscarello v. United States, 524 U.S. 125 (U.S. 1998) (interpretation of 'in furtherance' broadly follows statute purpose)
United States v. Ceballos-Torres, 218 F.3d 409 (5th Cir. 2000) (factors for nexus between firearm and drug trafficking)
United States v. Bonner, 648 F.3d 209 (4th Cir. 2011) (use of circumstantial evidence to prove nexus)
Hodari D. v. United States, 499 U.S. 621 (U.S. 1991) (defining moment of stop and its impact on later evidence)
United States v. Ulloa, 882 F.2d 41 (2d Cir. 1989) (waiver where district court addressed suppression on trial)
United States v. Vasquez, 858 F.2d 1387 (9th Cir. 1988) (agency cases on suppression waiver dynamics)
United States v. Contreras, 667 F.2d 976 (11th Cir. 1982) (waiver context in suppression rulings)
United States v. Leon, 468 U.S. 897 (U.S. 1984) (good faith exception to search and seizure)
United States v. Wilson, 115 F.3d 1185 (4th Cir. 1997) (trial timing and suppression-related considerations)
United States v. Ricco, 52 F.3d 58 (4th Cir. 1995) (timing and development of suppression record)