United States v. Anthony Ray Pointer

U.S. Court of Appeals for the Eleventh Circuit
United States v. Anthony Ray Pointer, 553 F. App'x 966 (11th Cir. 2014)

United States v. Anthony Ray Pointer

Opinion

PER CURIAM:

Anthony Ray Pointer appeals his conviction for possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c). At trial, the district court denied Pointer’s motion pursuant to Federal Rule of Criminal Procedure 29 on the firearm charge, 18 U.S.C. § 924(c). Given that Pointer’s gun (.45 auto pistol) was loaded, easily accessible in the shop where he sold cocaine, and in close proximity to drugs and money that could have been drug proceeds, a reasonable jury could have found a sufficient nexus between the gun and the drug trafficking crime to establish a violation of § 924(c). Besides, Pointer had stated that he kept the gun to protect his business; and a reasonable jury could believe that his business included drug trafficking. Thus, the evidence presented at trial was sufficient to establish that Pointer possessed his gun in furtherance of a drug trafficking crime.

AFFIRMED.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Anthony Ray POINTER, Defendant-Appellant
Status
Unpublished