NOT RECOMMENDED FOR PUBLICATION File Name: 21a0107n.06 Case No. 20-5683 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Feb 26, 2021 DEBORAH S. HUNT, Clerk ) UNITED STATES OF AMERICA, ) Plaintiff-Appellee, ) ON APPEAL FROM THE ) UNITED STATES DISTRICT v. ) COURT FOR THE WESTERN ) DISTRICT OF TENNESSEE CARLOS LANDEROS-SALCEDO, ) Defendant-Appellant. ) OPINION ) BEFORE: CLAY, McKEAGUE, and MURPHY, Circuit Judges. McKEAGUE, Circuit Judge. A jury convicted Carlos Landeros-Salcedo for possession of a firearm by an illegal alien, cocaine possession with intent to distribute, and possession of a firearm in furtherance of a drug-trafficking crime. On appeal, Landeros-Salcedo challenges the district court’s denial of his motion for partial acquittal on the last count. Applying the analytic framework from United States v. Mackey, 265 F.3d 457 (6th Cir. 2001), we hold that a reasonable jury could find a specific nexus between Landeros-Salcedo’s firearm and drug trafficking. We affirm. I Detectives from the Organized Crime Unit of the Memphis Police Department went to Landeros-Salcedo’s house to investigate a complaint.1 Eventually, Landeros-Salcedo and his 1 The content of the complaint was not admitted into evidence. Case No. 20-5683, United States v. Landeros-Salcedo father gave consent for the police to conduct a search. Landeros-Salcedo told the police that they would find “a gun and some drugs” in his room. The police found both. First, the police found a loaded pistol on the bed. Second, the police found 21 bags of cocaine, with a net weight of 4.94 grams, in a dresser drawer. The dresser, which had ammunition for the firearm in a different drawer, was a few feet from the bed. The police also found a digital scale and a shoe box containing empty bags (similar to those that contained the cocaine) on a nearby table. Landeros-Salcedo admitted to the police that he sold cocaine. He stated that he bought the cocaine the police found for $320, had sold half of it, and had made about $300. He also stated that he had been selling cocaine for about six months, purchasing new cocaine to sell every few weeks.2 The police found no evidence that drug sales had been conducted in the home. Upon further investigation, the police learned that Landeros-Salcedo was not in the country legally. A grand jury indicted Landeros-Salcedo on three counts: possession of a firearm by an illegal alien, under 18 U.S.C. § 922(g)(5); cocaine possession with intent to distribute, under 21 U.S.C. § 841(a)(1); and possession of a firearm in furtherance of a drug-trafficking crime, under 18 U.S.C. § 924(c)(1)(A)(i). At trial, the government’s expert witness testified about the use of firearms in drug trafficking. Drug traffickers usually carry firearms for protection, the expert testified. Drug traffickers typically need this protection in part because they cannot resort to calling the police if robbed. But when a drug trafficker does business from their home, the jury heard, firearms are typically kept in the house somewhere easily accessible. 2 The interviewing officer testified that he forgot ...
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