Clyburn v. United States

I respectfully dissent from my colleagues’ conclusion that the evidence in this case was insufficient to sustain the jury’s finding that appellant committed a dangerous crime “when armed with or having readily available” a firearm within the meaning of D.C.Code § 22-4502(a). In my view, the jury fairly could find that the assault rifle hidden under appellant’s bed was “readily available” to him while he was in his apartment. I therefore would affirm appellant’s conviction for possession with intent to distribute (PWID) while armed.

Under our case law, the statutory term “readily available” has…