United States v. Johnson

Police arrested Johnson at a Madison, Wisconsin, bar carrying five hydrocodone pills, two cell phones, gem packs containing marijuana residue, a plastic bag of antihistamine, and a loaded pistol. Johnson pled guilty to possession of a controlled substance with intent to deliver but went to trial and was convicted for possession of a firearm in furtherance of a drug trafficking crime, 21 U.S.C. 841(a)(1) and 18 U.S.C. 924(c). The Seventh Circuit affirmed, rejecting an argument that the jury instructions misstated the law and confused the jury. The administered jury instruction included the critical “Castillo” standard twice. The instruction effectively gave the jury its task, listed considerations to weigh in its discretion, and then iterated that legal standard; it clearly informed the jury that it must ultimately determine whether “the firearm furthered, advanced, moved forward or facilitated the crime.” The court upheld the admission of the government’s proffered expert testimony. The district court declined to conduct a Daubert hearing concerning that expert testimony on the relationship between drugs and guns in the narcotics underworld but considered the expert’s significant qualifications and experience, and properly applied the Daubert framework. The evidence was sufficient to support the conviction. View "United States v. Johnson" on Justia Law