Evidence of possession of tools of drug trade may be sufficient to support inference of illegal drug distribution

SUFFICIENCY OF EVIDENCE United States v. Winder, No. 07-6208, ___ F.3d ___ (10th Cir. Feb. 24, 2009)(W.D. Oklahoma). Appeal of convictions and sentence for: (1) possessing marijuana and cocaine base with intent to distribute; (2) carrying two firearms during and in relation to federal drug trafficking offense; and (3) being felon possession of two firearms in violation of 21 U.S.C. § 841(a)(1), 18 U.S.C. § 924(c)(1)(A), and 18 U.S.C. § 922(g)(1). HELD: Where evidence found in defendant’s van included (1) firearms and ammunition, (2) baggies containing drugs packaged for individual sale, (3) empty baggies of varying sizes, and (4) a digital scale, evidence was sufficient to show that defendant was engaged in distribution of illegal drugs. These items are all commonly recognized as tools of drug trade and therefore, may support inference of drug distribution activity. Read the opinion here.