Background
Charay Lamont Trent was convicted following a jury trial for conspiracy to distribute cocaine and marijuana, multiple counts of distributing and possessing cocaine with intent to distribute, and possessing a firearm in furtherance of a drug trafficking crime. He received an eighty-seven-month sentence. On appeal, Anders counsel filed a brief asserting no meritorious issues but questioning the constitutionality of the firearm conviction under the Second Amendment and the sufficiency of the evidence. Trent also filed pro se briefs and motions regarding new counsel, digital media, and expedited review.
The court’s reasoning
The court applied a plain error standard because the Second Amendment argument was not raised in the district court. The court concluded Trent could not establish an error that is plain and affects his substantial rights, citing precedent that restrictions on firearms possession by those who are not law-abiding are presumptively lawful. Regarding sufficiency of evidence, the court found that viewing the evidence in the light most favorable to the prosecution, a reasonable factfinder could conclude beyond a reasonable doubt that Trent possessed a firearm in furtherance of drug trafficking, noting the gun was hidden near drugs, stored with a loaded magazine, and owned for protection against robbery.
What it means going forward
The affirmation reinforces the Fourth Circuit’s stance that Second Amendment challenges to Section nine hundred twenty-four C convictions by individuals involved in drug trafficking are unlikely to succeed under plain error review when the firearm was found in proximity to drugs and used for protection.