By: Daily Record Staff//May 1, 2013
By: Daily Record Staff//May 1, 2013//
U.S. District Court, WDNY
Maintaining Apartment for Drug Manufacture
Present vs. Maintain
United States of America v. Love
Background: The defendant was indicted for numerous offenses including drug trafficking and firearm-related offenses. Following a jury trial, he was convicted of six of seven counts. The defendant moved to reverse the jury verdict relating to the upstairs apartment, contending that there was insufficient evidence to convict. He also moved to reverse the verdict on the remaining counts relating to the downstairs apartment.
Ruling: The District Court granted the defendant’s motion regarding the counts relating to the upstairs apartment. At issue was the allegation that the upstairs apartment was used for the manufacture and distribution of controlled substances. The defendant was also indicted for possession of a firearm that was located in the apartment. At the time of his arrest, the upstairs apartment had some drug paraphernalia located in it. Further, there was some evidence that the defendant was present in the apartment on a semi-regular basis. But there was no evidence to rationally infer that the apartment was being maintained for the use, manufacture or distribution of a controlled substance.
Warren Love, pro se, and David L. Owens for the defendant; Charles E. Moynihan and Craig R. Gestring of the U.S. Attorney’s Office for the plaintiff