What is the test for possession of a firearm in furtherance of a drug trafficking offence?

To convict for possession of a firearm in furtherance of a drug trafficking offense under 18 U.S.C. 924(c), "the government must prove that the defendant possessed the firearm and that the possession occurred in furtherance of a drug trafficking crime." See United States v. Albarran, 943 F.3d 106, 118 (2d Cir. 2019).

Section 924(c) requires the government to establish a "nexus" between the charged firearm and the charged drug selling operation. United States v. Finley, 245 F.3d 199, 203 (2d Cir. 2001). That nexus is established where the firearm "afforded some advantage (actual or potential, real or contingent)" to the drug trafficking. United States v. Lewter, 402 F.3d 319, 322 (2d Cir. 2005). Section 924(c)(1)(A) applies where the charged weapon is readily accessible to protect drugs, drug proceeds, or the dealer himself. See id. at 323. We conclude that the evidence of guilt on this Count was sufficient as to both defendants.