Sunday, October 15, 2006

Case o' The Week: No furniture supports 924(c) conviction, Mosley

Writing for a unanimous panel, Judge Tallman upholds a Section 924(c) conviction from a defense "in furtherance" attack. See United States v. Mosley, __ F.3d __, 06 Cal. Daily Op. Serv. 17511 (9th Cir. Oct. 11, 2006), decision available here. A loss for the defendant, but the restrained language in the decision may be a win for the Defense.

Hard fought appeal by D. Alaska AFPD Michael Dieni.

Facts: After Mosley had a car accident a chain of events lead to two searches of his apartment. Id. at 17514-15. In the apartment, cops found a loaded, cocked .22 Beretta pistol (left) on a shelf near the door, two loaded pistols in a bag with cocaine powder on it, gear to make crack cocaine, crack, and seven grand. Id. at 17516. At trial, Mosley moved for a Rule 29 on the § 924(c) count – use of a gun “in furtherance” of a felony. Id. at 17517.

Issue(s): “To prove that Mosley [committed a] . . . violation of § 924(c)(1)(A), the government must show . .. Mosley’s possession of the firearm was ‘in furtherance’ of the drug trafficking crime . . . . Mosley contests only whether the government’s evidence sufficed to establish the third ‘in furtherance’ element.” Id. at 17517-18.

Held: “Here, we are presented with a factual situation that falls between those in Krouse, Mann, and Rios. We hold that the evidence suffices to support a conviction under § 924(c)(1)(A). There can be little doubt that Mosely’s apartment was the base of operations for crack cocaine production and packaging. The substantial sums of cash and the general lack of furniture and personal items support the government’s theory that the apartment was a textbook example of a stash pad. To determine, however, whether the evidence sufficed to establish the requisite ‘nexus’ between the three firearms, and Mosley’s illegal drug trafficking requires us to consider the totality of the circumstances based on the evidence submitted at trial.” Id. at 17522.

Of Note: Writing for the panel, Judge Tallman conceded that “Many cases, including this one, involve more subtle factual situations [than in other § 924(c) decisions], and whether certain facts support a conviction under § 924(c)(1)(A) is sometimes ambiguous under current circuit precedent.” Id. at 17519. This is not the last word on the § 924(c) “in furtherance” inquiry – this is one of precious few federal statutes where there still survives some ambiguity subject to defense challenge.

How to Use: If the Section 924(c) “in furtherance” cases make up a spectrum, Mosley falls pretty squarely into the “bad facts” side of this range. In this case, there was a loaded and cocked gun by the apartment entrance, a scale and other crack-manufacture paraphernalia in the apartment, and not much furniture: all facts emphasized by the Ninth. As Tallman explained, “[W]e reiterate that this inquiry is fact specific, and, as in Krouse, we decline once again to adopt a checklist approach. There are simply too many possible factual scenarios likely to defy any test we may prognosticate based on so few cases in our jurisprudence.” Id. at 17523. There’s still plenty of room to fight a § 924 charge after Mosley – read the decision’s descriptions of the Circuit’s other “in furtherance” cases: Krouse, Mann, and Rios.

For Further Reading: Judge Berzon was part of the unanimous panel in this decision (Kozinski was the third). Interestingly, Judge Berzon also wrote the great Rios decision, rejecting a § 924(c) charge in a sawed-off shotgun case. See blog here. While Mosley is a loss for the defense, the opinion pretty carefully limits its holding to the facts of this case and avoids any broad new rules for the “in furtherance” inquiry. Perhaps Judge Berzon hated to see her great language in the Rios decision undermined, and was a moderating influence in the language of the final decision?

Steven Kalar, Senior Litigator N.D. Cal. FPD. Website at



Anonymous Anonymous said...

aishwarya rai,
Aishwarya Rai Biography,
Aishwarya Rai Home,
Aishwarya Rai Pictures,
Aishwarya Rai Dies,
Aishwarya Rai Wallpapers,
Aishwarya Rai Forever,
Aishwarya Rai Miss World 1994,
Aishwarya Rai Latest News,
Hot Aishwarya Rai Wallpapers,

Friday, December 01, 2006 8:36:00 PM  
Anonymous Anonymous said...

24 Hour Fitness, concept enters the 21st century
Lifetime Fitness,more information about this event
Bally Fitness,you might want to start lifting
Muscle And Fitness,articles and tips
Mens Fitness,more detail on google
Physical Fitness, information on the development and maintenance
Fitness Magazine,more on yahoo
Fitness Models,actress Photo galleries
Planet Fitness,more on msn
24hr Fitness,more on google
Fitness Equipmentmore information on yahoo
Health And Fitness,complete information about health and fitness
Health Fitness
Fitness Program,how to manage fitness program
Fitness Training,the best fitness trainig school
Diet Fitness,more diet information
Home Fitness,own care in home

Friday, December 01, 2006 8:37:00 PM  
Anonymous Anonymous said...

Programming Language,In this online course
Language Translator,Dictionaries and Translators
Sign Language,Links to more information on msn
Body Language,best source for pricing information
English language,a page with links to resources
japanese language,products and information
korean language,Program is offered as
language tools,isting of programming
History Of C Language,more in google
French Translation dictionary languagemore ndetail in yahoo
Development Of English Language,not know that literacy experiences
Body Language Tattoo,the information was there if one
Baby Sign Language,more information in yahoo
Sign Language Online,link for all detail
English Official Language,best side for you
History Of Programming Language,old programming language
Yahoo Language Translator,more detail in yahoo
Google Language Translator,more detail in goole
English Language Test,test your english
Interpreting Body Language,all thing for you

Friday, December 01, 2006 8:38:00 PM  
Anonymous Anonymous said...

Outsourcing Jobs find a job in google
India Outsourcing,Software Solutions Provider Company
Hr Outsourcing,elevated the importance of HR
Offshore Outsourcing,
Outsourcing Services, IT consulting company to partner
Benefits Of Outsourcingmore on google
Payroll Outsourcing,an experienced accounting
Software Outsourcing,more on msn
Call Center Outsourcing,all jobs in yahoo
Outsourcing Newsbout the effects of globalization
Outsourcing India
It Outsourcing,software development company with specialization
Outsourcing Companies,for more on google
Outsourcing Consultant India
Outsourcing Add Your Link
Outsourcing Add New Site
Outsourcing List Url
Business Process Outsourcing
Outsourcing Jobs To Foreign countries,development company in foreign
Accounting And Finance Outsourcing,IT consulting company to partner

Friday, December 01, 2006 8:40:00 PM  
Anonymous Anonymous said...

Hi, great blog. Really interesting stuff.

Wednesday, February 27, 2008 2:22:00 AM  
Anonymous Anonymous said...

I find your blog very interesting. Furniture is a very important part of your home. And it is important to find not rather expensive, quality and nice items. It seems that Ashley Furniture is one of the most popular among the customers. Form a very informative site I learned about all the advantages and disadvantages of the products and services of the company. There you can also find customer reviews on the inventory of the company.

Friday, June 27, 2008 1:13:00 PM  
Anonymous Anonymous said...

Hello. I find your blog very interesting. I love decorating houses and I do know a lot about modern trends and furniture. I think that it is a great idea to discuss furniture fashion and quality trends. I would like to say a few words about Ashley Furniture. I think it is great. The price corresponds to the quality. From I learned that some customers are disappointed with the company. Browse the site to learn about disadvantages of Ashley Furniture.

Friday, July 25, 2008 1:15:00 PM  

Post a Comment

<< Home