Legal Opinion
United States v. Gurka
Court of Appeals for the First Circuit
Decided May 12, 2010No. 08-2584PublishedCited by 16 opinions
1Opinion of the Court
LYNCH, Chief Judge.
William Gurka appeals from the denial of his motion to withdraw that portion of his guilty plea pleading to gun charges related to a cocaine trafficking crime. See United States v. Gurka, No. 07-118-S (D.R.I. July 7, 2008). His arguments turn on a single legal question: whether a defendant who exchanges drugs for guns “possesses” the guns “in furtherance” of a drug trafficking crime within the meaning of 18 U.S.C. § 924(c)(1)(A). A plain reading of the statute’s text shows that he does, and we join the consensus among circuit courts in so holding and in rejecting the…
2Cases cited14 opinions
- Bailey v. United StatesSupreme Court of the United States · 1995
- Smith v. United StatesSupreme Court of the United States · 1993
- Watson v. United StatesSupreme Court of the United States · 2007
- United States v. Jermaine Raynard FrederickCourt of Appeals for the Sixth Circuit · 2005
- United States v. Mescual-CruzCourt of Appeals for the First Circuit · 2004
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- United States v. RobinsonCourt of Appeals for the Fourth Circuit · 2010
- United States v. Ramirez-RiveraCourt of Appeals for the First Circuit · 2015
- United States v. Cruz-RamosCourt of Appeals for the First Circuit · 2021
- United States v. Mendoza-MaisonetCourt of Appeals for the First Circuit · 2020
- United States v. ThomasCourt of Appeals for the Fourth Circuit · 2010
11 more not listed; retrieve them via the Exa API.