Conviction and sentence for drug crimes and firearms possession is reversed where: 1) the evidence was sufficient to support defendant’s conviction as the government proved a nexus between the weapons and defendant’s drug trafficking offense; 2) a jury instruction defining the elements of the offense under 18 U.S.C. sec. 924(c)(1)(A) was erroneous and affected defendant’s substantial rights as it allowed defendant to be convicted on a lower standard.    

Read US v. Rush-Richardson, No. 08-2414

Appellate InformationAppeal from the United States District Court for the Southern District of Iowa.Submitted: July 24, 2009Filed: August 4, 2009

JudgesBefore WOLLMAN, RILEY, and COLLOTON, Circuit Judges.Opinion by RILEY, Circuit Judge.COLLOTON, Circuit Judge, concurring.

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