United States v. Bailey

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Bailey offered to sell marijuana to an informant who had already brokered the purchase of a firearm from him. The informant accepted the offer and purchased $40 worth of marijuana from Bailey contemporaneously with the firearm purchase. Bailey was convicted of possessing a firearm in furtherance of a drug trafficking crime, 18 U.S.C. 924(c)(1)(A). The Seventh Circuit affirmed, rejecting Bailey’s argument that the facts do not tie the gun and the marijuana purchase together so as to demonstrate that the gun actually furthered the marijuana sale and that his possession of the firearm was simply coincident with the marijuana transaction. Because it was the opportunity to purchase a firearm that brought the informant to Bailey and made possible the secondary sale of marijuana to the informant, the facts support the finding that Bailey’s possession of the weapon furthered the marijuana sale. View "United States v. Bailey" on Justia Law