United States v. McCarson

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

A jury found Lewis McCarson guilty of being a felon in possession of a firearm, see 18 U.S.C. § 922(g)(1), and of possessing with the intent to distribute five grams or more of cocaine base, see 21 U.S.C. § 841(a)(1) & (b)(1)(B)(iii). He was acquitted of possessing a firearm during a drug-trafficking offense, see 18 U.S.C. § 924(c)(1), and of possessing with the intent to distribute marijuana, see 21 U.S.C. § 841(a)(1) & (b)(1)(D). On appeal, McCarson argues that evidence of the gun and the drugs, which the U.S.…