UNITED STATES v. GRANT

No. 859, Docket 75-1430.

545 F.2d 1309 (1976)

UNITED STATES of America, Appellee, v. James GRANT, Appellant.

United States Court of Appeals, Second Circuit.

Decided October 18, 1976.

Certiorari Denied February 22, 1977.


Attorney(s) appearing for the Case

Phyllis Skloot Bamberger, New York City (William J. Gallagher, The Legal Aid Society, New York City, on the brief), for appellant.

Paul Vizcarrondo, Jr., Asst. U.S. Atty., New York City (Robert B. Fiske, Jr., U.S. Atty., and John C. Sabetta, Asst. U.S. Atty., New York City, on the brief), for appellee.

Before LUMBARD, FEINBERG and TIMBERS, Circuit Judges.


Certiorari Denied February 22, 1977. See 97 S.Ct. 1130.

TIMBERS, Circuit Judge:

The chief question presented on this appeal is whether under the circumstances of this case appellant "use[d] a firearm to commit [a] felony" within the meaning of the Gun Control Act of 1968. We hold that he did. Appellant also raises a subordinate question as to whether there was sufficient evidence of his constructive possession of cocaine to submit that issue to the jury. We...

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