Clyburn v. United States

REID, Senior Judge:

A jury convicted appellant, Jaroki E. Clyburn; of multiple drug and weapons violations, including unlawful possession with intent to distribute a controlled substance (cocaine) while armed (“PWID-WA”), in violation of D.C.Code §§ 48-904.01(a) and 22-4502(a) (2001). Mr. Cly-burn contends that the evidence was insufficient to permit imposition of the enhancement penalty found in D.C.Code § 22-4502(a),1 because the government’s evi*149dence failed to prove beyond a reasonable doubt that he was armed with or had a firearm “readily available.” We are constrained to agree, and we…