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United States v. Lawrence O. Franklin, 113 F.3d 1247, 10th Cir. (1997)
United States v. Lawrence O. Franklin, 113 F.3d 1247, 10th Cir. (1997)
3d 1247
97 CJ C.A.R. 705
NOTICE: Although citation of unpublished opinions remains unfavored,
unpublished opinions may now be cited if the opinion has persuasive value on a
material issue, and a copy is attached to the citing document or, if cited in oral
argument, copies are furnished to the Court and all parties. See General Order of
November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
further order.
ORDER*
Before TACHA, BALDOCK, and LUCERO, Circuit Judges.**
The only question presented is whether, when the evidence is viewed in a light
most favorable to the government, a sufficient factual basis exists to show that
Petitioner carried a firearm. See United States v. Wacker, 72 F.3d 1453, 1464
(10th Cir.1995). Petitioner argues that there was no evidence that the gun was
not present merely on account of coincidence or mistake. This position ignores
the evidence that his co-defendant stated that Petitioner always had the gun
with him in drug deals and that he liked to make a show of force. Along with
Petitioner's admission that the gun was his and the proximity of the gun to him,
this evidence provides ample basis for this conviction. See United States v.
Nicholson, 983 F.2d 983, 990 (10th Cir.1993).
After a thorough review of Petitioner's brief, the district court order, and the
record, we find no substantial showing of the deprivation of a constitutional
right. See 28 U.S.C. 2253.
This order is not binding precedent, except under the doctrines of law of the
case, res judicata, and collateral estoppel. The court generally disfavors the
citation of orders; nevertheless, an order may be cited under the terms and
conditions of 10th Cir. Cir. R. 36.3
**
After examining the briefs and appellate record, this panel has determined
unanimously to honor the parties' request for a decision on the briefs without
oral argument. See Fed. R.App. P. 34(f); 10th Cir. Cir. 34.1.9. The case is
therefore ordered submitted without oral argument