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.