What is the test for violating 18 U.S.C. 924(c)(1)(A) of the Drug Trafficking Act by possessing a firearm in furtherance of a drug trafficking crime?

MultiRegion, United States of America

The following excerpt is from United States v. Fraynid, 16-2372-cr (2nd Cir. 2017):

A defendant violates 18 U.S.C. 924(c) when he "possesses a firearm" "in furtherance of" a drug trafficking crime. To demonstrate that the firearm was possessed "in furtherance" of a drug trafficking crime, "the government must establish the existence of a specific 'nexus' between the charged firearm and the charged drug selling operation." United States v. Snow, 462 F.3d 55, 62 (2d Cir. 2006) (quoting United States v. Finley, 245 F.3d 199, 203 (2d Cir. 2001)). Although the government may not show a "nexus" by demonstrating "a drug dealer's innocent possession of a firearm"for example, a locked weapon intended for hunting or target practice"a drug dealer may be punished under 924(c)(1)(A) where the charged weapon is readily accessible to protect drugs, drug proceeds, or the drug dealer himself." Id. at 62-63 (internal quotation marks omitted). "Undoubtedly, this is a very fact-intensive question requiring a careful examination of, among other things, where the gun was located and what else was found [in the relevant location], and thus well-suited to resolution by a jury." Id. at 63 (internal quotation marks omitted).

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