Professional Documents
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Clerk of Court
No. 05-3070
(District of Kansas)
(D.C. No. 03-CR-20130-03-GTV)
Defendant-Appellant.
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
*
See Unites States v. Wilson , 107 F.3d 774, 778 (10th Cir.
See id.
Having carefully reviewed the trial transcript, this court concludes that
McKinneys argument regarding the sufficiency of the evidence supporting his
firearm conviction lacks merit.
Possession under 924(c)(1) can be shown through either constructive or
actual possession.
United States v. Lott , 310 F.3d 1231, 1247 (10th Cir. 2002).
found. United States v. Mills , 29 F.3d 545, 549 (10th Cir. 1994). If the
residence in which the firearm was found was jointly occupied, the government
must present sufficient evidence from which a jury could infer that the defendant
had knowledge of and access to the firearm.
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McKinney also argues there was insufficient evidence to support the jurys
conclusion that the firearm was possessed in furtherance of the drug crimes. [A]
firearm that is kept available for use if needed during a drug transaction is
possessed in furtherance of drug trafficking.
baggies, scissors, and additional plastic baggies. This evidence, together with the
reasonable inferences that can be drawn from it, amply supports the jurys
finding that the firearm found in the apartment was used by McKinney in
furtherance of a drug trafficking crime.
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Michael R. Murphy
Circuit Judge
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