Carrying firearm in connection with a drug offense
The evidence was sufficient to convict the defendants of conspiring to carry a firearm in connection with a drug trafficking offense, where the defendants planned to steal drugs from a stash house.
“[T]he jury could have disbelieved Gomez’s testimony as to events on January 4 and still have found Lewis and Williams guilty of the § 924(c) count. To support a conviction under § 924(c), the government was required to prove that the defendant: (1) conspired to possess a controlled substance with intent to distribute; and (2) either knowingly possessed or carried a firearm in furtherance of, or during and in relation to this conspiracy, or could reasonably foresee that one of his coconspirators would carry a firearm. United States v. McLee, 436 F.3d 751, 758 (7th Cir. 2006). Here, the jury could have discounted Gomez’s testimony regarding January 4 and still have found that Williams and Lewis could reasonably have foreseen that someone would carry a gun, given the multiple recorded conversations in which the two discussed plans for a violent robbery of the stash house and ways to procure weapons for the robbery. Accordingly, the evidence was sufficient to convict both Williams and Lewis under § 924(c).”
09-3954, 09-3961 & 10-1204 U.S. v. Lewis
Appeals from the United States District Court for the Northern District of Illinois, Kendall, J., Evans, J.