Defendant’s conviction for possession of a firearm “in furtherance of” a drug trafficking offense in violation of 18 U.S.C. section 924(c) is affirmed where, when one accepts a gun in exchange for drugs, the gun is an integral part of the drug sale because without the gun – the “currency” for the purchase – the drug sale would not take place.

Read US v. Mahan, No. 08-30475

Appellate Information

Argued and Submitted October 6, 2009

Filed November 16, 2009

Judges

Opinion by Judge O’Scannlain

Counsel

For Appellant:

Terri Wood, Eugene, OR

For Appellee:

Frank R. Papagini, Jr., Karin J. Immergut, Assistant United States Attorneys for the District of Oregon, Eugene, OR

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