United States v. Cooper, No. 19-50119 (5th Cir. 2020)
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The Fifth Circuit affirmed defendant's conviction for possession of a firearm in furtherance of a drug-trafficking crime, holding that there is a sufficient factual basis to support the conviction. In this case, the record contains defendant's own admission that he possessed the firearm and the record also contains circumstantial evidence supporting defendant's advance knowledge, such as the presence of the firearm in defendant's car and the proximity of the gun to paraphernalia of drug distribution.
Nevertheless, because the district court erroneously indicated that defendant pleaded guilty to the second superseding indictment, when in fact he pleaded guilty to the superseding indictment, the court remanded for correction of the judgment under Federal Rule of Criminal Procedure 36.
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