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U.S. v. GARDNER

Docket Nos. 08-4793-cr(L), 08-5268(con).

602 F.3d 97 (2010)

UNITED STATES of America, Appellee, v. Edward GARDNER, also known as Alex and Kenroy Gladden, also known as Kenroy Flowers, also known as Michael Richardson, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: March 10, 2010.

Attorney(s) appearing for the Case

Jennifer E. Burns, Assistant United States Attorney (Michael D. Maimin, Assistant United States Attorney, of counsel), for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Appellee.

Beverly Van Ness (Curtis J. Farber, of counsel), New York, NY, for Defendant-Appellant Edward Gardner.

Devin McLaughlin, Langrock, Sperry & Wool, LLP, Middlebury, VT, for Defendant-Appellant Kenroy Gladden.

Before: FEINBERG and KATZMANN, Circuit Judges, CASTEL, District Judge.

KATZMANN, Circuit Judge:

The threshold issue presented on appeal is whether acquiring a firearm using drugs as payment constitutes possessing that firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1)(A). Defendant-Appellant Edward Gardner appeals from the September 25, 2008 judgment of the United States District Court for the Southern District of New York (Rakoff, J.). Defendant-Appellant Kenroy Gladden appeals from...

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