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United States v. Wahl

Conviction affirmed; government produced sufficient evidence of constructive possession of a firearm to support finding that defendant knowingly possessed a firearm or ammunition; there was sufficient evidence for a jury to infer that firearm recovered from defendant's apartment was used in furtherance of drug trafficking for which defendant was arrested.

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Argued March 22, 2002

A jury convicted Donell Wahl of one count of possession with intent to distribute in excess of five grams of cocaine base, in violation of 21 U.S.C. ss 841(a)(1) and 841(b)(1)(B)(iii); one count of unlawful possession of a firearm by a convicted felon, in violation of 18 U.S.C. s 922(g); and one count of using, carrying and possessing a firearm during a drug trafficking offense, in violation of 18 U.S.C. s 924(c)(1). Wahl appeals, arguing that the government produced insufficient evidence to support findings that he constructively possessed a firearm and that he possessed the firearm in furtherance of a drug trafficking offense. Because Wahl failed to preserve his section 922(g) claim, and because the government produced sufficient evidence to support Wahl’s 924(c)(1) conviction, we affirm.

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