Defendant's conviction for possession of a firearm in furtherance of a felony is affirmed where: 1) the evidence was sufficient to show the requisite nexus between the firearm and the drug operation; and 2) the district court erred in instructing the jury to find that defendant possessed the firearm "during and in relation to the crime" instead of "in furtherance of" the crime, but the error was harmless because the evidence demonstrating that defendant used the pistol to facilitate the criminal activity was overwhelming.
Argued and Submitted May 5, 2009
Filed August 17, 2009
Opinion by Judge Ikuta
Robert M. Stone, Medford, OR
Karen J. Immergut, Assistant United States Attorney, Medford, OR