United States v. Benjamin, No. 11-2906 (3d Cir. 2013)
Annotate this CaseA parole officer, knowing that Benjamin‘s license was suspended, observed Benjamin driving. He organized a search of the house where Benjamin lived with Esprit. In the bedroom, agents found hearing and eye protection, targets, a postcard with Benjamin‘s name and address, a handgun trigger lock, ammunition, car titles in the name of Burch, a Burch driver‘s license, an identification card for Benjamin, Benjamin‘s social security card, and receipts on an auto loan for Burch. Agents found a notebook that, according to expert testimony, contained illegal drug information, and a digital cooking scale. There was a loaded handgun in the basement, with Esprit’s permit. In ceiling joists, agents found 6.62 grams of cocaine base and 326.93 grams of marijuana. Benjamin was convicted of possession with intent to distribute five grams or more of cocaine base, 21 U.S.C. 841(a)(1), (b)(1)(B); possession with intent to distribute marijuana, 21 U.S.C. 841(a)(1), (b)(1)(D); and possession of a firearm by a felon, 18 U.S.C. 922(g)(1) and sentenced to 20 years. The Third Circuit remanded with respect to sentencing on the firearm conviction, but otherwise affirmed, rejecting challenges to sufficiency of the evidence, to the constitutionality of the felon-in-possession statutes, and to rulings allowing references to his parole.
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