United States v. Rafael McDaniel
2016 U.S. App. LEXIS 17891
| 8th Cir. | 2016Background
- From Jan 2012 to Nov 2013 McDaniel cooked and distributed cocaine and crack from his home.
- On Nov 18, 2013 agents arrested McDaniel and searched his house, finding cocaine, crack, cash, digital scales with drug residue, and baking soda in a utility room cabinet.
- Two loaded firearms were found on top of that utility-room cabinet; additional loaded firearms were recovered from a desk drawer, a cabinet above the washer/dryer, and the attic.
- At trial an expert testified that firearms are tools used in the drug trade to protect drugs and proceeds; McDaniel admitted using scales and said he kept some guns loaded "in case something did happen to [his] house."
- A jury convicted McDaniel of conspiracy and possession with intent to distribute cocaine/crack and of possessing a firearm in furtherance of a drug-trafficking crime under 18 U.S.C. § 924(c).
- The district court sentenced McDaniel to 240 months (180 for drug counts, 60 for the § 924(c) count); McDaniel appealed the firearm conviction as unsupported by sufficient evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence that a firearm was possessed "in furtherance of" drug trafficking under § 924(c) | McDaniel: guns were not readily accessible; top-of-cabinet placement (over a foot above his height) defeats nexus | Government: guns were kept in same room as drugs and scales, were loaded, expert tied firearms to drug trade, other firearms found in house supported accessibility inference | Affirmed: viewing evidence in government’s favor, a reasonable juror could find the required nexus; firearms were close to drugs, accessible, and used to further the drug offense |
Key Cases Cited
- United States v. Campa-Fabela, 210 F.3d 837 (8th Cir. 2000) (sufficiency-of-evidence standard reviewed de novo)
- United States v. Lopez, 443 F.3d 1026 (8th Cir. 2006) (conviction upheld if record viewed favorably contains substantial evidence)
- United States v. Sanchez-Garcia, 461 F.3d 939 (8th Cir. 2006) (nexus may be inferred from proximity of firearms to drugs and scales)
- United States v. Shaw, 751 F.3d 918 (8th Cir. 2014) (jury may infer nexus when firearm is close to drugs, quickly accessible, and supported by expert testimony)