Case: 13-11576 Date Filed: 02/04/2014 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 13-11576
Non-Argument Calendar
________________________
D.C. Docket No. 5:12-cr-00328-KOB-TMP-1
UNITED STATES OF AMERICA,
Plaintiff -Appellee,
versus
ANTHONY RAY POINTER,
Defendant -Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Alabama
________________________
(February 4, 2014)
Case: 13-11576 Date Filed: 02/04/2014 Page: 2 of 2
Before TJOFLAT, JORDAN, and EDMONDSON, Circuit Judges.
PER CURIAM:
Anthony Ray Pointer appeals his conviction for possession of a firearm in
furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c) . At
trial, the district court denied Pointer’s motion pursuant to Federal Rule of
Criminal Procedure 29 on the firearm charge, 18 U.S.C. § 924(c). Given that
Pointer’s gun (.45 auto pistol) was loaded, easily accessible in the shop where he
sold cocaine, and in close proximity to drugs and money that could have been drug
proceeds, a reasonable jury could have found a sufficient nexus between the gun
and the drug trafficking crime to establish a violation of § 924(c). Besides, Pointer
had stated that he kept the gun to protect his business; and a reasonable jury could
believe that his business included drug trafficking. Thus, the evidence presented at
trial was sufficient to establish that Pointer possessed his gun in furtherance of a
drug trafficking crime.
AFFIRMED.
2