DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
082414P.pdf 08/04/2009 United States v. Ontario Rush-Richardson
U.S. Court of Appeals Case No: 08-2414
U.S. District Court for the Southern District of Iowa - Davenport
[PUBLISHED] [Riley, Author, with Wollman and Colloton, Circuit Judges]
Criminal case - criminal law and sentencing. Evidence was sufficient to
support conviction for possession of firearms in furtherance of a drug
conspiracy as the government proved a nexus between the weapons and
defendant's drug trafficking offense; however, the instruction defining
the elements of the offense under 18 U.S.C. Sec. 924(c)(1)(A) was
erroneous under this court's precedents; the error affected defendant's
substantial rights because it allowed defendant to be convicted on the
lower standard of "during and in relation to" and defendant's conviction
on this count must be reversed. Judge Colloton, concurring.
082414P.pdf 07/09/2009 United States v. Ontario Rush-Richardson
U.S. Court of Appeals Case No: 08-2414
U.S. District Court for the Southern District of Iowa - Davenport
[PUBLISHED] [Riley, Author, with Wollman and Colloton, Circuit Judges]
Criminal case - Criminal law. District court's instruction on possession
of a firearm "in furtherance of" a drug crime was plain error, and the
defendant's convictions for possession of a firearm in furtherance of drug
trafficking are reversed and the matter remanded for a new trial. Judge
Colloton, concurring.