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Firearm Possession Sentence Affirmed, and Other Criminal Matter

By FindLaw Staff on July 08, 2010 | Last updated on March 21, 2019

In US v. Ayala, No. 09-2123, the court of appeals affirmed defendant's sentence for possession of stolen firearms and being a domestic abuser in possession of firearms, holding that 1) the  firearm possession offense was a different type of crime from the theft offense; 2) defendant did not show that the sentencing court clearly erred in finding that he possessed between three and five firearms; and 3) the court considered the parties' arguments and had a reasoned basis for its sentence.

In US v. Jackson, No. 09-2814, the Eighth Circuit affirmed defendant's convictions for possession of crack cocaine and marijuana with the intent to distribute, conspiracy to possess crack cocaine, powder cocaine, and marijuana with the intent to distribute, and possession of a firearm in furtherance of these drug crimes, holding that 1) there was evidence that defendant lived at the house, dealt drugs there, and that his personal belongings were in the rooms where the agents found drugs and drugs paraphernalia; and 2) a reasonable jury could find beyond a reasonable doubt that defendant and a co-conspirator had an agreement to possess the drugs with the intent to distribute, that defendant voluntarily and intentionally joined the agreement, and that he knew its essential purpose.

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