US v. Winn, No. 09-2805

Marijuana Possession Conviction Affirmed

In US v. Winn, No. 09-2805, the court affirmed defendant's convictions for possession with intent to distribute less than 50 kilograms of marijuana and use or carriage of a firearm during and in relation to a drug trafficking offense, holding that 1) the district court did not abuse its discretion by determining that the government's allegations were similar in material respects to the circumstances of defendant's August 2007 arrest; 2) the key final marshaling instruction, which directed the jury how to reach a verdict, correctly recited the elements of the use or carriage offense that was charged in the indictment; and 3) the jury reasonably could infer that defendant discharged, and thus "used," the firearm in a shootout with individuals in a dispute related to defendant's trafficking in marijuana.

As the court wrote:  "A jury convicted Trae Winn of possession with intent to distribute less than 50 kilograms of marijuana and use or carriage of a firearm during and in relation to a drug trafficking offense.  Winn appeals, contesting an evidentiary ruling, the jury instructions, and the sufficiency of the evidence supporting his firearm conviction. We affirm."

Related Resources

• Read the Eighth Circuit's Decision in US v. Winn, No. 09-2805