Defendant's conviction for being a felon in possession of a firearm and imposition of a 70-month sentence is affirmed as defendant's possession of the firearm had the potential to facilitate the offense of distribution because the record supports the inference that he possessed the loaded gun knowing that there were drugs in the SUV which were intended for sale.
Appeal from the United States District Court for the District of Massachusetts
Decided December 22, 2009
Before: Torruella, Ripple, and Boudin, Circuit Judges
Opinion by Torruella, Circuit Judge
For Appellant: David J. Barend
For Appellee: Mark T. Quinlivan, Assistant U.S. Attorney, Michael J. Sullivan, United States Attorney, and Angel Kelley Brown, Assistant U.S. Attorney