United States v. McCoy

303 F. App'x 45
CourtCourt of Appeals for the Second Circuit
DecidedDecember 17, 2008
DocketNos. 07-0648-cr, 07-0652-cr
StatusPublished
Cited by2 cases

This text of 303 F. App'x 45 (United States v. McCoy) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second 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. McCoy, 303 F. App'x 45 (2d Cir. 2008).

Opinion

SUMMARY ORDER

Defendant-Appellant Tranel McCoy was convicted by a jury in the United States District Court for the District of Connecticut (Kravitz, J.) of one count of conspiracy to distribute five or more grams of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), and 846; one count of possession with intent to distribute five grams or more of cocaine base, in violation of 21 U.S.C. § 841(a)(1) and 841(b)(1)(B); one count of possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1) and 841(b)(1)(B); and one count of possession of a firearm in furtheranee of a drug trafficking crime, in violation of 18 U.S.C. § 924(c). On appeal, McCoy argues that (1) there is insufficient evidence to sustain the firearm possession conviction and (2) evidence obtained from the apartment where McCoy was arrested should have been suppressed because the affiants to the warrant application intentionally omitted material information. We assume the parties’ familiarity with the underlying facts, the procedural history, and the issues presented for review.

I. Sufficiency of the Evidence

We review de novo a claim of insufficient evidence. United States v. Jackson, 301 F.3d 59, 64 (2d Cir.2002). “A defendant challenging the sufficiency of trial evidence bears a heavy burden, and the reviewing court must view the evidence presented in the light most favorable to the government and draw all reasonable inferences in the government’s favor.” United States v. Gagliardi, 506 F.3d 140, 149 (2d Cir.2007) (internal quotation marks omitted) (quoting United States v. Giovanelli, 464 F.3d 346, 349 (2d Cir.2006) (per curiam)). We will affirm a jury verdict unless “no rational trier of fact could have found all of the elements of the crime beyond a reasonable doubt.” Id. at 149-50 (internal quotation marks omitted).

In order to convict under 18 U.S.C. § 924(c), the government must prove that the defendant (1) possessed a firearm (2) in furtherance of a drug trafficking crime. See United States v. Finley, 245 F.3d 199, 203 (2d Cir.2001). We conclude that a rational fact-finder could find both elements satisfied here.

“Possession of a firearm may be established by showing that the defendant [47]*47‘knowingly [had] the power and the intention at a given time to exercise dominion and control over an object.’ ” Id, (quoting United States v. Hastings, 918 F.2d 369, 373 (2d Cir.1990)). This may be established by direct or circumstantial evidence. United States v. Payton, 159 F.3d 49, 56 (2d Cir.1998). The firearm at issue here was found in the drawer of an “entertainment-style cabinet” in the master bedroom of the apartment, a bedroom shared by McCoy and his wife. The firearm contained a magazine loaded with ammunition. The cabinet also contained “a pretty large amount of crack cocaine,” “a glass style plate which had a razor blade and an amount of ... cocaine or rock cocaine residue on it,” a “Baggie containing several individual bags of marijuana,” some “packaging material” and “a scale.” When police located the crack cocaine during the execution of the search warrant, McCoy’s spouse became “verbally upset,” and Detective Farrell testified that he heard McCoy say something to the effect of “[d]on’t worry, they know it’s mine, they know you had nothing to do with it,” which he repeated over and over. Further, a black pouch located under the bed in the master bedroom contained $1700 and a credit card. There was evidence of a matching credit card receipt listing the name Freddy McCoy and the address of the searched apartment. There were also “other documents in the residence” that indicated the name Freddy McCoy and the address of the searched apartment. Finally, although McCoy asked John Ball, who was also present when the search warrant was executed, to take responsibility for the firearm, McCoy never suggested that Ball take responsibility for the drugs in the master bedroom.

This evidence was sufficient for a rational jury to find beyond a reasonable doubt that McCoy exercised “dominion and control” over the drugs and drug-related materials in the master bedroom, as well as the firearm located in the same cabinet. Finley, 245 F.3d at 203. The jury was free to credit the testimony of Ball to the effect that the firearm did not belong to him and to reject the testimony of McCoy’s stepdaughter and son suggesting the contrary. See Payton, 159 F.3d at 56 (2d Cir.1998) (stating, with respect to an “alternative explanation” for a firearm, that the “jury heard this version of events and was free to assign whatever weight it ■wished to the defense witnesses’ credibility”).

There was also sufficient evidence for a rational jury to “find beyond a reasonable doubt that possession of the firearm facilitated [McCoy’s] drug trafficking crime ...; [that is,] afforded some advantage (actual or potential, real or contingent) relevant” to the offense. United States v. Lender, 402 F.3d 319, 322 (2d Cir.2005). The proximity of the firearm to drug-related contraband seized in the master bedroom — particularly in light of McCoy’s admission that the crack cocaine belonged to him — supported the jury’s finding that the gun was used to facilitate drug trafficking. There was additional evidence that the firearm’s safety was off, and that the magazine was loaded with hollow point bullets, which provide greater protection than normal bullets; there was in addition expert testimony that firearms are commonly used for protection in the drug trade. See United States v. Snow, 462 F.3d 55, 63 (2d Cir.2006) (“From the proximity between the handguns, proceeds, trace amounts of drugs, and drug paraphernalia, a reasonable juror could conclude that the person to be protected was a drug dealer and drug packaging paraphernalia, and the proceeds of drug trafficking were among the things being protected.” (internal quotation marks omitted)); Lewter, 402 F.3d at 323 (“In this [48]*48case, the person to be protected was a drug dealer, and among the things being protected were a saleable quantity of drugs, drug packaging paraphernalia, and the proceeds of drug trafficking.”); United States v.

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Bluebook (online)
303 F. App'x 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mccoy-ca2-2008.