ILNews

7th Circuit upholds firearm conviction

Back to TopCommentsE-mailPrint

The 7th Circuit Court of Appeals affirmed a man’s conviction of possessing a firearm in furtherance of a drug-trafficking crime, finding there was sufficient evidence to support the conviction.

In United States of America v. Gregory G. Eller, No. 10-2465, police found marijuana plants and other items behind a steel door in Gregory Eller’s basement and a loaded gun under the couch in his living room. Eller challenged the charge, arguing he used the gun for protection because the neighborhood was not safe.

On appeal, the judges rejected his claim that the conviction should be reversed because 18 U.S.C. Section 924(c) is unconstitutionally vague as applied. Eller contended that the “in furtherance of” nexus between the drugs and the firearm requires a greater level of participation than proving the “during and in relation to” prong. Eller claimed that in order to prove the former, the government must show the gun was more than merely available, that it actually advanced the drug-trafficking operation. Other jurisdictions have rejected Section 924(c) void-for-vagueness challenges, as did the 7th Circuit.

The government provided sufficient evidence to satisfy the “in furtherance of” nexus required to convict Eller, and the District Court did not commit plain error when it allowed the government to present the testimony of a special agent with extensive experience working in drug-related cases.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
ADVERTISEMENT