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U.S. v. MAHAN

No. 08-30475.

586 F.3d 1185 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. William John MAHAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 16, 2009.

Attorney(s) appearing for the Case

Terri Wood, of Eugene, OR, argued the cause for the defendant-appellant and filed the briefs.

Frank R. Papagini, Jr., Assistant United States Attorney for the District of Oregon, Eugene, OR, argued the cause for the appellee and filed the brief. Karin J. Immergut, United States Attorney for the District of Oregon, and Kelly A. Zusman, Assistant United States Attorney for the District of Oregon, were on the brief.

Before: DIARMUID F. O'SCANNLAIN and N. RANDY SMITH, Circuit Judges, and CHARLES R. WOLLE, Senior District Judge.

O'SCANNLAIN, Circuit Judge:

We must decide whether an individual who trades drugs for guns possesses the firearms "in furtherance of" his drug trafficking offense.

I

A

Late on the evening of November 30, 2005, Zane Isabell and Shawn Copley offered to sell several stolen firearms to William Mahan. Copley initially called his mother to gauge her interest in acquiring them; during this phone call, he ultimately spoke with Mahan, who was living...

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