Defendant’s conviction for being a felon in possession of a firearm and imposition of a 70-month sentence is affirmed as defendant’s possession of the firearm had the potential to facilitate the offense of distribution because the record supports the inference that he possessed the loaded gun knowing that there were drugs in the SUV which were intended for sale. 

Read US v. Cannon, No. 08-1156

Appellate Information

Appeal from the United States District Court for the District of Massachusetts

Decided December 22, 2009

Judges

Before:  Torruella, Ripple, and Boudin, Circuit Judges

Opinion by Torruella, Circuit Judge

Counsel

For Appellant:    David J. Barend

For Appellee:     Mark T. Quinlivan, Assistant U.S. Attorney, Michael J. Sullivan, United States Attorney, and Angel Kelley Brown, Assistant U.S. Attorney

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