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U.S. v. GURKA

No. 08-2584.

605 F.3d 40 (2010)

UNITED STATES of America, Appellee, v. William GURKA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 12, 2010.

Attorney(s) appearing for the Case

Angela G. Lehman for the appellant.

Donald C. Lockhart, Assistant United States Attorney, with whom Peter F. Neronha, United States Attorney, and Kenneth P. Madden, First Assistant United States Attorney, were on brief for appellee.

Before LYNCH, Chief Judge, TORRUELLA and BOUDIN, Circuit Judges.

LYNCH, Chief Judge.

William Gurka appeals from the denial of his motion to withdraw that portion of his guilty plea pleading to gun charges related to a cocaine trafficking crime. See United States v. Gurka, No. 07-118-S (D.R.I. July 7, 2008). His arguments turn on a single legal question: whether a defendant who exchanges drugs for guns "possesses" the guns "in furtherance" of a drug trafficking crime within the meaning of 18 U.S.C. § 924(c)(1)(A). A...

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