United States v. Doody

600 F.3d 752, 2010 U.S. App. LEXIS 6908, 2010 WL 1253608
CourtCourt of Appeals for the Seventh Circuit
DecidedApril 2, 2010
Docket09-3078
StatusPublished
Cited by46 cases

This text of 600 F.3d 752 (United States v. Doody) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Doody, 600 F.3d 752, 2010 U.S. App. LEXIS 6908, 2010 WL 1253608 (7th Cir. 2010).

Opinion

FLAUM, Circuit Judge.

The defendant, Alduff Doody, was charged with possessing a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c). Unlike the defendants most commonly charged under § 924(c), Doody did not possess the firearm for protection. Instead, he accepted the gun as collateral to secure a drug debt. Thus, he argues, his conduct did not violate § 924(c). Because Doody took possession of a firearm in manner that facilitated a drug transaction, we affirm.

I. Background

On March 11, 2009, Doody was indicted by a grand jury on one count of possessing a firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c) and one count of distributing cocaine in violation of 21 U.S.C. § 841(a)(1). Although he originally pleaded not guilty to both counts, on May 20, 2009, Doody agreed to plead guilty to Count 2 of the indictment, distributing a controlled substance. The parties also agreed that Count 1 would be submitted to the district court in a bench trial on stipulated facts. Doody waived his right to appeal, except for the right to appeal an adverse decision as to guilt or innocence as a result of the bench trial on Count 1. On May 27, 2009, the district court approved the plea agreement.

According to the stipulated facts, Doody distributed powder cocaine from about April 2008 through February 2009 in Marshall County, Indiana. He distributed a little over a kilogram of powder cocaine during that ten-month period. On August 5, 2008 and February 24, 2009, Doody distributed cocaine to two confidential informants working with the Bureau of Alcohol, Tobacco, and Firearms. In a separate transaction in the fall of 2008, Doody distributed one-sixteenth of an ounce of cocaine to Gil Rodriguez, who did not at that time have the money to pay for it. Rodriguez instead offered his nine-millimeter pistol as collateral to secure the drug debt. Doody took possession of the firearm and held it for four or five days until Rodriguez paid him $60 for the cocaine. Doody then returned the firearm to Rodriguez. When agents searched Doody’s residence on February 24, 2009, they found nine-millimeter ammunition and a nine-millimeter magazine.

The district court conducted the bench trial on June 8, 2009. Based exclusively on the stipulated facts, the district court denied Doody’s motion for an acquittal and found Doody guilty of Count 1 of the in *754 dictment. On August 20, 2009, the district court sentenced Doody to 60 months of imprisonment on Count 1 of the indictment and 51 months of imprisonment on Count 2 of the indictment, with the terms to run consecutively. Doody appeals his conviction on Count 1.

II. Analysis

We review a claim that a district court’s verdict after a bench trial is unsupported by the evidence with the same deferential standard that applies to a jury verdict: we reverse only if, after viewing the evidence in the light most favorable to the government, we determine that no rational trier of fact could have found the defendant guilty beyond a reasonable doubt. See United States v. Arthur, 582 F.3d 713, 716-17 (7th Cir.2009). We review de novo the trial court’s ruling on a Rule 29 motion for a judgment of acquittal, asking whether evidence exists from which any rational trier of fact could have found the essential elements of a crime beyond a reasonable doubt. United States v. Hach, 162 F.3d 937, 942 (7th Cir.1998). Here, because the facts were stipulated before trial, these questions are the same, and turn on the legal question of whether a defendant who accepts a firearm as collateral to secure a drug debt can be said to possess that firearm “in furtherance” of a drug trafficking crime and thus be convicted under 18 U.S.C. § 924(c).

Section 924(c) provides for a mandatory minimum sentence of five years for any person “who, during and in relation to any ... drug trafficking crime ... uses or carries a firearm, or who in furtherance of any such crime, possesses a firearm.... ” 18 U.S.C. § 924(c)(1)(A) (2010). The “uses” prong of § 924(c) has been the subject of a line of Supreme Court cases, culminating in a case addressing the receipt of a firearm in exchange for drugs. First, in Smith v. United States, 508 U.S. 223, 113 S.Ct. 2050, 124 L.Ed.2d 138 (1993), the Supreme Court held that a person who trades his firearm for drugs “uses” the firearm “during and in relation to ... [a] drug trafficking crime.” Two years later, in Bailey v. United States, 516 U.S. 137, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), the Court suggested it would follow a more restrictive interpretation of “use,” holding that a defendant who had a loaded firearm locked in a bag in the trunk of his car and a defendant who had an unloaded pistol locked in a trunk in her bedroom closet did not “use” the firearms during and in relation to their drug-dealing activities because they did not “actively employ” them. Id. at 147-51, 116 S.Ct. 501. Finally, in Watson v. United States, 552 U.S. 74, 128 S.Ct. 579, 169 L.Ed.2d 472 (2007), a unanimous Court held that a defendant who receives a gun as payment for drugs does not “use” a gun for the purposes of § 924(c). Id. at 83, 128 S.Ct. 579. By the time the Court decided Watson, Congress had responded to Bailey by amending § 924(c) to its present form, adding the prohibition on possessing a firearm in furtherance of a drug trafficking crime. Because the defendant in Watson was charged under only the “use” prong of § 924(c), the Court reserved the question of whether he could have been found guilty of possessing a gun “in furtherance of’ his drug trafficking. Id.

Since Watson, six courts of appeals have considered whether a defendant who receives a firearm in exchange for drugs possesses that firearm in furtherance of a drug trafficking crime, and all six have decided or assumed without deciding that such a defendant does violate § 924(c). See United States v. Mahan, 586 F.3d 1185, 1188 (9th Cir.2009) (“a defendant who accepts firearms in exchange for drugs possesses the firearms ‘in furtherance of a drug trafficking offense”); United States v. Sterling, 555 F.3d 452, 458 (5th Cir.2009) (assuming without deciding *755

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Cite This Page — Counsel Stack

Bluebook (online)
600 F.3d 752, 2010 U.S. App. LEXIS 6908, 2010 WL 1253608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-doody-ca7-2010.