United States v. James Grant

TIMBERS, Circuit Judge:

The chief question presented on this appeal is whether under the circumstances of this case appellant “use[d] a firearm to commit [a] felony” within the meaning of the Gun Control Act of 1968. We hold that he did. Appellant also raises a subordinate question as to whether there was sufficient evidence of his constructive possession of cocaine to submit that' issue to the jury. We hold that there was.

James Grant was convicted after a three day jury trial in 'the Southern District of New York, Charles M. Metzner, District Judge, on one count of possession of cocaine…