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U.S. v. GRACE

No. 03-1087.

367 F.3d 29 (2004)

UNITED STATES of America, Appellee, v. Omar GRACE, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided May 7, 2004.

Attorney(s) appearing for the Case

Cynthia A. Vincent, with whom Thomas and Thomas, Attys. was on the brief, for Appellant.

Margaret D. McGaughey, Appellate Chief, with whom Paula D. Silsby, U.S. Attorney, was on the brief, for Appellee.

Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LIPEZ, Circuit Judge.

In this criminal appeal, we conclude that the district court supportably found that the defendant's possession of a firearm to protect her drugs and proceeds of drug sales satisfied the nexus requirement in 18 U.S.C. § 924(c), which punishes possession of a firearm "in furtherance of" a drug trafficking offense. We also resolve an unresolved question about the consequences for a defendant making a sufficiency of the evidence attack on appeal...

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