United States v. Fraynid
692 F. App'x 659
2d Cir.2017Background
- Defendant Shamik Fraynid was convicted by a jury of (1) conspiracy to distribute marijuana (21 U.S.C. § 846), (2) distribution of marijuana (21 U.S.C. § 841), and (3) unlawful use of a firearm during and in relation to a drug trafficking crime (18 U.S.C. § 924(c)(1)(A)).
- At the time of the charged drug transaction, Fraynid had a pistol in his back pocket while coordinating a sale, accepting money, and observing another person hand drugs to a buyer.
- Police testimony indicated Fraynid reached toward his back pocket before being disarmed; officers suggested he may have attempted to use the gun against them during arrest.
- Fraynid told police he carried the gun for personal protection because he had a “beef” with someone.
- The sole issue on appeal was whether the evidence was sufficient to show the firearm was possessed "in furtherance of" the drug trafficking offense under § 924(c).
- The Second Circuit affirmed the district court judgment, upholding the § 924(c) conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to prove Fraynid possessed a firearm "in furtherance of" a drug trafficking crime under 18 U.S.C. § 924(c)(1)(A) | The government argued the gun was readily accessible during the drug sale (on Fraynid's person while he accepted proceeds), he said he carried it for protection, and he may have tried to use it when arrested—supporting a nexus to the drug offense. | Fraynid argued the gun was for personal protection (innocent possession) and thus not shown to be used in furtherance of the drug transaction. | The court held a reasonable jury could infer the gun was possessed in furtherance of the drug crime and affirmed the § 924(c) conviction. |
Key Cases Cited
- United States v. Lisyansky, 806 F.3d 706 (2d Cir. 2015) (standard for sufficiency review and viewing evidence in government’s favor)
- United States v. Persico, 645 F.3d 85 (2d Cir. 2011) (standard for sufficiency of evidence)
- United States v. Snow, 462 F.3d 55 (2d Cir. 2006) (gun is possessed in furtherance when readily accessible to protect drugs, proceeds, or dealer)
- United States v. Finley, 245 F.3d 199 (2d Cir. 2001) (affirming § 924(c) conviction where weapon was stored in room used to sell drugs)
- United States v. Lewter, 402 F.3d 319 (2d Cir. 2005) (possession for personal protection can coexist with possession in furtherance of drug trafficking)