617 F. App'x 610
8th Cir.2015Background
- Law enforcement found ~15.5 lbs of marijuana in a storage unit and conducted controlled deliveries; Griffin ultimately retrieved the duffel bag containing the marijuana.
- Griffin entered an associate’s vehicle unarmed, used a key to access the storage unit, and returned with the duffel containing marijuana.
- During a stop and search of Griffin’s vehicle, agents found the duffel in the trunk, marijuana on the rear floor, $800 in the glove box, a loaded .45 Taurus Judge in the driver’s door pocket, and a bag of ammunition on the floor.
- Co-defendant Brent Harris testified that he, Griffin, and another had conspired to traffic marijuana for years; Harris said he never carried a firearm and had not seen Griffin carry one while dealing drugs.
- Griffin presented evidence he had a permit to carry and had completed a firearms safety course; a narcotics agent testified generally that drug traffickers commonly carry firearms to protect drugs, money, and persons.
- Griffin was convicted of conspiracy and possession with intent to distribute marijuana, and of possessing a firearm in furtherance of a drug-trafficking crime under 18 U.S.C. § 924(c); he appealed claiming insufficient evidence the firearm was possessed "in furtherance" of the drug offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to show Griffin possessed the firearm "in furtherance of" a drug-trafficking offense under 18 U.S.C. § 924(c) | The government argued nexus existed because a large quantity of marijuana was in the car, the loaded revolver and ammunition were within reach and in close proximity, and an expert linked firearms to drug trafficking | Griffin argued lack of nexus: he was unarmed when meeting Harris, had a valid carry permit, Harris never saw him carry a gun while dealing, and the gun could have lawful uses | The court affirmed: a reasonable jury could find the required nexus based on proximity of loaded gun and ammo to drugs, defendant’s involvement in trafficking, and expert testimony linking guns to drug crimes |
Key Cases Cited
- United States v. Fetters, 698 F.3d 653 (8th Cir. 2012) (describes factors—proximity, accessibility, expert testimony—for inferring nexus between firearm and drug crime)
- United States v. Robinson, 617 F.3d 984 (8th Cir. 2010) (explains government must prove a nexus between firearm possession and drug trafficking to satisfy § 924(c))
- United States v. Sanchez-Garcia, 461 F.3d 939 (8th Cir. 2006) (holding mere simultaneous possession of drugs and a gun alone does not automatically establish the "in furtherance" element)
- United States v. Close, 518 F.3d 617 (8th Cir. 2008) (supports use of proximity and expert testimony to infer firearm’s role in drug trafficking)
- United States v. Lindsey, 507 F.3d 1146 (8th Cir. 2007) (upholds § 924(c) conviction where firearm was found near drugs and expert testimony linked firearm to drug activity)