United States v. Figueroa, No. 11-2597 (3d Cir. 2012)
Annotate this CaseFigueroa admits that he sold heroin to an undercover officer, who returned later and purchased cocaine and heroin. During the second purchase, the officer saw what appeared to be a gun tucked into Figueroa’s waistband. It was dark and he only saw a few inches of the object. Officers then stopped the car driven, and owned, by Figueroa’s girlfriend. Figueroa was in the front passenger seat. Officers removed both from the car, opened the glove compartment, and recovered a handgun. Both occupants denied knowledge of the firearm. No forensic evidence connected either to the firearm. The jury convicted on the drug counts, but was split on the charge of carrying a firearm during a drug trafficking offense, 18 U.S.C. 924(c)(1). After releasing the jury, the judge changed courses, asked that the jury be held, and had them deliberate a charge of possession of a firearm by a felon, 18 U.S.C. 922(g)(1) and 924(e). The jury convicted and Figueroa was sentenced to 180 months, the statutory minimum for possession by a felon. The Third Circuit affirmed. Reconvening after declaring a mistrial on Count III did not violate Double Jeopardy or subject the jury to outside influences.
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