St. Petersburg Criminal Lawyer Blog
Federal firearms charges in federal court carry harsh penalties, particularly when prosecutors allege that a weapon was used to further drug trafficking activity. A single evidentiary misstep can dramatically increase a defendant’s sentencing exposure, making strict compliance with trial rules essential. A recent ruling from a Florida court demonstrates how improper reliance on unadmitted firearm-related evidence during a closing argument can invalidate a conviction, even when other aspects of the government’s case survive scrutiny. If you are charged with a firearm offense, it is smart to talk to a St. Petersburg criminal defense attorney about your case.
History of the Case
Allegedly, law enforcement officers conducted a traffic stop in which the defendant was a passenger and discovered a firearm, controlled substances, and a large amount of cash. Following the arrest, officers searched the defendant’s cellphone and uncovered digital evidence that the government later characterized as consistent with drug distribution activity.
Reportedly, officers later executed a search warrant at an apartment associated with the defendant. During that search, law enforcement located additional firearms, including one equipped with a conversion device, ammunition, cellphones, and small quantities of drugs. Officers also recovered a distribution amount of marijuana from a vehicle connected to an associate of the defendant.
It is alleged that a federal grand jury indicted the defendant on multiple counts, including drug trafficking offenses, possession of firearms by a prohibited person, possession of an unregistered firearm, and possession of a firearm in furtherance of a drug trafficking crime. The possession in furtherance count carried a mandatory sentencing enhancement based on the type of firearm alleged.
It is reported that the case proceeded to a jury trial in federal district court. During trial, the government introduced physical evidence, digital communications, expert testimony, and music-related media depicting drugs and firearms. The jury returned guilty verdicts on all counts, including a specific finding supporting the enhanced sentence on the firearm-in-furtherance charge. The district court imposed a total sentence of 45 years’ imprisonment.
Reportedly, the defendant appealed, raising multiple claims of error, including insufficiency of the evidence, improper admission of prejudicial media, violation of constitutional rights, and prosecutorial misconduct during the closing argument.
Sufficiency of Evidence in Firearm Cases
On appeal, the court first addressed the sufficiency of the evidence supporting the firearm-in-furtherance conviction. Viewing the evidence in the light most favorable to the government, the court concluded that a reasonable jury could find a nexus between the firearm and the drug trafficking activity, even though the evidence was described as thin.
The court then turned to the prosecutor’s closing argument. During summation, the prosecutor urged the jury to rely on a specific exhibit to support the firearm-in-furtherance charge. That exhibit, however, had never been admitted into evidence. The prosecutor emphasized the unadmitted material as decisive proof of guilt.
The court held that this conduct constituted prosecutorial misconduct. Prosecutors are prohibited from arguing facts not in evidence, and the court found that the improper argument likely influenced the jury’s verdict on the challenged count. Given the severity of the sentencing enhancement and the relatively weak evidentiary nexus, the court concluded that the error affected the defendant’s substantial rights.
As a result, the court vacated the conviction on the firearm-in-furtherance count and remanded the case for a new trial on that charge. The court affirmed the remaining convictions, finding that other alleged errors, including the admission of prejudicial media and comments regarding the defendant’s silence, were harmless in light of the overall evidence.
Meet with an Experienced Firearm St. Petersburg Criminal Defense Attorney
If you are charged with a firearm offense, it is critical to understand your rights, and you should talk to an attorney. The experienced St. Petersburg criminal defense attorneys at Hanlon Law can review your case and explain your legal options. Contact our St. Petersburg office online or call 727-289-0222 to schedule a confidential consultation.