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U.S. v. SUMLER

No. 01-3143.

294 F.3d 579 (2002)

UNITED STATES of America v. James D. SUMLER, a/k/a Chew, a/k/a Smoke James D. Sumler, Appellant.

United States Court of Appeals, Third Circuit.

Filed June 27, 2002.

Attorney(s) appearing for the Case

Karen S. Gerlach (Argued), Assistant Federal Public Defender, Shelley Stark, Federal Public Defender, Pittsburgh, PA, for Appellant.

Michael L. Ivory (Argued), Assistant United States Attorney, Bonnie R. Schlueter, Assistant United States Attorney, Mary Beth Buchanan, United States Attorney, Pittsburgh, PA, for Appellee.

Before: NYGAARD, ROTH, and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal we conclude that bartering illegal drugs for a gun constitutes use of a firearm in connection with drug trafficking and invokes the mandatory sentence provisions of 18 U.S.C. § 924. We also decide that evidence of brandishing the gun on subsequent occasions was admissible in connection with a count charging a drug distribution conspiracy. Accordingly...

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