United States v. King, 2011 U.S. App. LEXIS 964

King was convicted by a jury of possession of marijuana with intent to distribute and possession of firearms in furtherance of a drug-trafficking crime.
The firearm in question for the § 924(c) conviction was the Hi-Point rifle found in the trunk of Ms. Washington's car, located next to marijuana and accessible to King.
Police discovered cash, digital scales with marijuana residue, and a cell phone with a photo of a rifle; King admitted ownership of the rifle at times but later claimed only the rifle belonged to him.
The government relied on testimony from officers, a firearms expert, and lab manager, plus a phone photo and text messages suggesting drug-trafficking activity.
King challenged the sufficiency of evidence for both possession of the firearm and possession in furtherance of a drug-trafficking crime; the district court denied Rule 29 relief, and King appealed.
The Tenth Circuit affirmed, holding the evidence was sufficient to establish constructive possession and that the firearm was possessed in furtherance of drug trafficking.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there sufficient evidence King possessed the rifle?	King did not have actual possession; no clear nexus	King argues no constructive possession evidence linking him to firearm	Yes; sufficient evidence of constructive possession
Was there sufficient nexus showing the firearm was possessed in furtherance of drug trafficking?	No nexus between firearm and drug crime shown	Firearm near drugs and circumstantial evidence shows nexus	Yes; Trotter factors support in furtherance finding

Poe, 556 F.3d 1113 (10th Cir. 2009) (constructive possession framework for contraband)
Ledford, 443 F.3d 702 (10th Cir. 2005) (evidence of a nexus between defendant and firearm in constructive possession)
Lopez, 372 F.3d 1207 (10th Cir. 2004) (control over premises as a factor, not a requirement, for constructive possession)
Lindsey, 389 F.3d 1334 (10th Cir. 2004) (relationship-based constructive possession where control is via another)
Jameson, 478 F.3d 1204 (10th Cir. 2007) (standard for sufficiency review of possession convictions)
Trotter, 483 F.3d 694 (10th Cir. 2007) (nonexclusive factors for nexus between firearm and drug trafficking)
Basham, 268 F.3d 1199 (10th Cir. 2001) (relevance of factors for whether a firearm is possessed in furtherance)
Villa, 589 F.3d 1334 (10th Cir. 2009) (in furtherance element requires nexus between firearm and drug crimes)
Lott, 310 F.3d 1231 (10th Cir. 2002) (guns near drugs can support in furtherance finding)
Avery, 295 F.3d 1158 (10th Cir. 2002) (firearms as tools of the drug trade and proximity considerations)
Mackey, 265 F.3d 457 (6th Cir. 2001) (firearm must be strategically located; influential discussed accessibility)
Robinson, 435 F.3d 1244 (10th Cir. 2006) (proximity and role of firearm to drug trafficking)
Poe, 556 F.3d 1113 (10th Cir. 2009) (repeated for emphasis on corroboration of statements)