U.S. v. Evans

Record failed to contain sufficient evidence to support jury’s guilty verdict on two section 924(c) firearm possession charges, where said charges arose out of controlled sale of drugs by defendant to informant, as well as police traffic stop of defendant’s vehicle 30 minutes later while driving away from drug transaction, where police found drugs and firearm in hidden compartments in defendant’s vehicle. While record supported one section 924(c) charge based on controlled drug transaction, government needed to show that defendant made more than one decision to use/possess firearm, and instant record at most showed only one decision to possess firearm given only 30-minute gap between both offenses, and government’s surveillance of defendant after controlled drug purchase, which did not indicate that defendant made stop to pick up gun that formed basis of firearm charge arising out of traffic stop. As such, government could not stack instant drug charges to obtain two convictions and two separate 25-year sentences. Also, Dist. Ct. erred in denying defendant’s motion for new trial without conducting evidentiary hearing, where defendant asserted that his trial counsel labored under drug addiction during trial. Evidentiary hearing was required, where: (1) three weeks after instant trial, defendant’s trial counsel overdosed on heroin; (2) police record indicated that trial counsel had substance abuse addiction for six-year period; (3) record does not explain why trial counsel successfully advanced defendant’s motion to withdraw prior guilty plea that contained only one section 924(c) conviction, where outcome of counsel’s efforts was expected result that government, after said withdrawal, obtained superseding indictment that contained two section 924(c) charges that increased defendant’s exposure to potential prison time.