United States v. Jorge Feliz-Cordero & Alexander Feliz-Encarnacion, 859 F.2d 250 (2d Cir. 1988). · Go Syfert
United States v. Jorge Feliz-Cordero & Alexander Feliz-Encarnacion, 859 F.2d 250 (2d Cir. 1988). Cases Citing This Book View Copy Cite
“the fact that a loaded gun was found in the same room as drug paraphernalia ... is not sufficient evidence to sustain a conviction”
225 citation events (13 in the last 25 years) across 29 distinct courts.
Strongest positive: United States v. Terry Case (ca6, 2012-11-02) · Strongest negative: United States v. Robert J. Wilkinson (ca1, 1991-02-11)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited "but see" United States v. Robert J. Wilkinson
1st Cir. · 1991 · signal: but see · confidence high
But see United States v. Feliz-Cordero, 859 F.2d 250, 254 (2d Cir.1988) (distinguished in United States v. Hadfield, 918 F.2d 987, 997 (1st Cir.1990)).
discussed Cited "but see" The United States of America v. Patricia Poole, A/K/A Patricia Hunter (2×) also: Cited "see"
11th Cir. · 1989 · signal: but see · quote attribution · 1 verbatim quote · confidence high
the fact that a loaded gun was found in the same room as drug paraphernalia ... is not sufficient evidence to sustain a conviction
cited Cited as authority (rule) United States v. Terry Case
6th Cir. · 2012 · confidence medium
As such, it “must be strategically located so that it is quickly and easily available for use.” Id. at 462 (citing United States v. Feliz-Cordero, 859 F.2d 250, 254 (2d Cir.1988)).
cited Cited as authority (rule) United States v. Diaz
3rd Cir. · 2010 · confidence medium
Id. at 673 (quoting United States v. Feliz-Cordero, 859 F.2d 250, 254 (2d Cir.1988)).
cited Cited as authority (rule) United States v. Lowe
6th Cir. · 2006 · confidence medium
Id. (citing United States v. Feliz-Cordero, 859 F.2d 250, 254 (2d Cir.1988)).
discussed Cited as authority (rule) Simon v. United States
E.D.N.Y · 2005 · confidence medium
Prior to Bailey , a defendant in this Circuit was guilty of violating § 924(c) if ''[t]he circumstances surrounding the presence of a firearm in a place where drug transactions take place suggest that it was strategically located so as to be quickly and easily available for use during such a transaction.” *38 United States v. Feliz-Cordero, 859 F.2d 250, 254 (2d Cir.1988). 4 .
discussed Cited as authority (rule) United States v. Allen
N.D.N.Y. · 2003 · confidence medium
Probable Cause to Issue Initial Search Warrants “In determining whether a search warrant is supported by probable cause, a flexible, totality-of-the-circumstances test is employed.” United States v. Feliz-Cordero, 859 F.2d 250, 252-53 (2d Cir.1988).
discussed Cited as authority (rule) Antonio Rosario Jose Jeres Antonio Ramirez v. United States
2d Cir. · 1998 · confidence medium
In 1993, the year that Ramirez and Rosario entered their pleas, this Court defined “carry” under § 924(e) to require “at least a showing that the gun is within reach during the commission of the drug offense.” United States v. Feliz-Cordero, 859 F.2d 250, 253 (2d Cir.1988).
discussed Cited as authority (rule) United States v. Juan R. Munoz, A/K/A John Doe 1 (2×)
2d Cir. · 1998 · confidence medium
See Giraldo, 80 F.3d at 677 (defendant “carried” a firearm when he drove to the site of a planned narcotics transaction with a gun concealed in his ear’s central console beneath the change dish); Pimentel, 83 F.3d at 58-59 (defendant “carried” a firearm when he could access firearm stored in compartment on the back of the passenger seat by pressing rear defogger button and button on the driver’s door); United States v. Feliz-Cordero, 859 F.2d 250, 253-54 (2d Cir.1988) (while overturning a “carrying” conviction, this Court indicated that a conviction would be upheld if the defen…
discussed Cited as authority (rule) Ben Gary Triestman v. United States
2d Cir. · 1997 · confidence medium
Prior to Bailey , and at the time of Triestman’s guilty plea, it had been the law of this circuit that a defendant could be found guilty of using a firearm under § 924(c) if “[t]he circumstances surrounding the presence of a firearm in a place where drug transactions take place suggest that it was strategically located so as to be quickly and easily available for use during such a transaction.” United States v. Feliz-Cordero, 859 F.2d 250, 254 (2d Cir.1988).
discussed Cited as authority (rule) Cady v. United States
N.D.N.Y. · 1997 · confidence medium
In this Circuit, "carrying” under § 924(c)(1) requires "a showing that the gun is within reach during the commission of the drug offense.” See United States v. Feliz-Cordero, 859 F.2d 250, 253 (2d Cir.1988); United States v. Cruz-Rojas, 101 F.3d 283, 285-86 (2d Cir.1996).
discussed Cited as authority (rule) Harney v. United States (2×)
N.D.N.Y. · 1997 · confidence medium
Cruz-Rojas, 101 F.3d at 283 (citing Feliz-Cordero, 859 F.2d at 250).
discussed Cited as authority (rule) United States v. Hall
5th Cir. · 1997 · confidence medium
Accord, United States v. Joseph, 892 F.2d 118, 126 (D.C.Cir.1989) (carrying requires a present ability to exercise dominion and control over a firearm and that the firearm be within easy reach); United States v. Feliz-Cordero, 859 F.2d 250, 253 (2d Cir.1988) (a person cannot be said to carry without at least a showing that the gun was within reach during the commission of a drug offense).
discussed Cited as authority (rule) United States v. Murgas
N.D.N.Y. · 1997 · confidence medium
“In determining whether a search warrant is supported by probable cause, a flexible, totality-of-the-eireumstanees standard is employed.” United States v. Feliz-Cordero, 859 F.2d 250, 252-53 (2d Cir.1988).
cited Cited as authority (rule) United States v. Lattimore
W.D.N.Y. · 1996 · confidence medium
Id. at 46-47 (quoting United States v. Feliz-Cordero, 859 F.2d 250, 253 (2d Cir.1988)).
discussed Cited as authority (rule) United States v. Christopher Collins, Luqman Salaam (2×) also: Cited "see"
2d Cir. · 1996 · confidence medium
The evidence in these cases, however, suggested the relevant weapon's inaccessibility, see, e.g., United States v. Santos, 84 F.3d 43, 47 (2d Cir.1996) (per curiam) (weapon " 'hidden in the oven in the kitchen that was across a hallway from the living room' where the transaction took place"), modified, 95 F.3d 116 (1996); Feliz-Cordero, 859 F.2d at 253-54 (weapon in bedroom dresser drawer out of defendant's reach during commission of underlying crime), or failed to include any evidence that the defendant knew of a weapon's presence, see United States v. Giraldo, 80 F.3d 667, 677 (2d Cir.) (fin…
discussed Cited as authority (rule) United States v. Wainuskis
S.D. Miss. · 1996 · confidence medium
However, since the “carry” prong of § 924(c) was unaffected by Bailey , this Court is of the opinion that the plea colloquy alone established a factual basis for guilt under the “carry” prong of § 924(c) as interpreted in Joseph, supra. See also, United States v. Blankenship, 923 F.2d 1110, 1116 (5th Cir.1991), cert. denied, 500 U.S. 954 , 111 S.Ct. 2262 , 114 L.Ed.2d 714 ; and United States v. Feliz-Cordero, 859 F.2d 250, 253 (2nd Cir.1988).
discussed Cited as authority (rule) United States v. Elpidio G. Santos, Also Known as Indio, and Victor Alejo, Juan Garcia
2d Cir. · 1996 · confidence medium
But the Court rejected the “proximity and accessibility standard” that the District of Columbia Circuit had employed (which is substantially similar to the standard formulated in this Circuit, cf. United States v. Feliz-Cordero, 859 F.2d 250, 254 (2d Cir.1988)), because it “provides almost no limitation on the kind of possession that would be criminalized; in practice, nearly every possession of a firearm by a person engaged in drug trafficking would satisfy the standard.” Id.
discussed Cited as authority (rule) United States v. Morris
S.D. Miss. · 1996 · confidence medium
Accord United States v. Joseph, 892 F.2d 118, 126 (D.C.Cir.1989) (carrying requires a present ability to exercise dominion and control over a firearm and that the firearm be within easy reach); United States v. Feliz-Cordero, 859 F.2d 250, 253 (2nd Cir.1988) (a person cannot be said to carry without at least a showing that the *1000 gun was within reach during the commission of a drag offense).
discussed Cited as authority (rule) United States v. Thomas Price
3rd Cir. · 1996 · confidence medium
In Theodoropoulos, this Court held that possession of a firearm constitutes use under section 924(c) if there is: i) Proof of a transaction in which the circumstances surrounding the presence of a firearm suggest that the possessor of the firearm intended to have it available for possible use during the transaction.... 866 F.2d at 597 (quoting U.S. v. Feliz-Cordero, 859 F.2d 250, 254 (2d Cir.1988)) (emphasis added); see also U.S. v. Hill, 967 F.2d 902, 905 (3d Cir.1992) (holding that "[plossession of a firearm constitutes use under 18 U.S.C. § 924 (c) where there is evidence `that the defenda…
discussed Cited as authority (rule) Bailey v. United States
SCOTUS · 1995 · confidence medium
Sarraff v. United States, 508 U. S. 962 (1993); and in the results they have reached, compare United States v. Feliz-Cordero, 859 F. 2d 250, 254 (CA2 1988) (presence of gun in dresser drawer in apartment with drugs, drug proceeds, and paraphernalia insufficient to meet § 924(c)(1)), with United States v. McFadden, 13 F. 3d 463, 465 (CA1 1994) (evidence of gun hidden under mattress with money, near drugs, was sufficient to show “use”), and United States v. Hager, 969 F. 2d 883, 889 (CA10) (gun in boots in living room near drugs was “used”), cert. denied, 506- U. S. 964 (1992).
discussed Cited as authority (rule) United States v. Marco Antonio Salazar
10th Cir. · 1995 · confidence medium
This court has stated that a firearm is an integral part of a drug trafficking offense where " 'the circumstances surrounding the presence of a firearm suggest that the possessor of the firearm intended to have it available for possible use during the transaction....' " Id. at 1089 (quoting United States v. Feliz-Cordero, 859 F.2d 250, 254 (2nd Cir.1988)).
cited Cited as authority (rule) United States v. Brandon J. Smith
10th Cir. · 1995 · confidence medium
Id. (quoting United States v. Feliz-Cordero, 859 F.2d 250, 254 (2d Cir.1988)).
cited Cited as authority (rule) United States v. Elpidio G. Santos, Also Known as Indio, and Victor Alejo, Juan Garcia
2d Cir. · 1995 · confidence medium
United States v. Feliz-Cordero, 859 F.2d 250, 254 (2d Cir.1988).
discussed Cited as authority (rule) United States v. Ramon Martinez (2×)
2d Cir. · 1995 · confidence medium
Cf. United States v. Lasanta, 978 F.2d 1300, 1308-09 (2d Cir.1992) (evidence that defendant used firearm during and in relation to drug trafficking crime insufficient, where agents had recovered loaded revolver from defendant’s car door at some time during heroin and cocaine conspiracy); United States v. Feliz-Cordero, 859 F.2d 250, 254 (2d Cir.1988) (evidence of presence of firearm stashed in dresser drawer and not quickly accessible insufficient to find intent to use gun for purposes of section 924(c)).
discussed Cited as authority (rule) United States v. Henry
S.D.N.Y. · 1994 · confidence medium
U.S. v. Feliz-Cordero, 859 F.2d 250, 252 (2d Cir.1988); see also Rowell, 903 F.2d at 902 (“On appellate review, a determination of probable cause deserves ‘great deference’ and will be upheld so long as there was a ‘substantial basis for ... concluding] that a search warrant would uncover evidence of wrongdoing.’”) (citations omitted); United States v. Travisano, 724 F.2d 341, 345 (2d Cir.1983) (a magistrate’s finding of probable cause represents a substantial factor supporting the validity of any warrant, and resolves the truly close cases in favor of upholding the warrant).
discussed Cited as authority (rule) United States v. Gregory Louis Jones
11th Cir. · 1994 · confidence medium
Among the cases Jones cites is United States v. Feliz-Cordero, 859 F.2d 250, 254 (2d Cir.1988), in which the Second Circuit rejected the proposition that “the intent to use the firearm must be presumed from the fact that a loaded gun was found in the same room as drug paraphernalia during the course of a search pursuant to a warrant.” However, this Circuit has rejected Feliz-Cordero.
discussed Cited as authority (rule) United States v. Larry Doby Bell and Jerome E. Adams
6th Cir. · 1994 · confidence medium
A firearm will come within the "uses" provision of section 924(c) if "[t]he circumstances surrounding the presence of a firearm in a place where drug transactions take place suggest that it was strategically located so as to be quickly and easily available for use during such a transaction." Id. (quoting United States v. Feliz-Cordero, 859 F.2d 250, 254 (2d Cir.1988)). 49 Here, the ABC agents seized 51 packets of cocaine and 7 packets of marijuana from the premises of the Desert Inn.
discussed Cited as authority (rule) United States v. Randall Ray Willoughby
7th Cir. · 1994 · confidence medium
Though engendering criticism elsewhere, see, e.g., United States v. McFadden, 13 F.3d 463, 466-71 (1st Cir.1994) (Breyer, C.J., dissenting), and applied with varying strictness, compare United States v. Derr, 990 F.2d 1330, 1337-39 (D.C.Cir.1993), and United States v. Feliz-Cordero, 859 F.2d 250, 254 (2nd Cir.1988), with United States v. Jones, 990 F.2d 1047, 1049 (8th Cir.1993), cert. denied, — U.S. —, 114 S.Ct. 699 , 126 L.Ed.2d 666 (1994), the approach is well-established in this circuit.
discussed Cited as authority (rule) United States v. Gregory R. Hall, A/K/A Don Cusick (2×)
10th Cir. · 1994 · confidence medium
In evaluating this - second factor, we have utilized the standard set out by the court in United States v. Feliz-Cordero, 859 F.2d 250, 254 (2nd Cir.1988).
discussed Cited as authority (rule) United States v. Curtis Taylor
2d Cir. · 1994 · confidence medium
In United States v. Feliz-Cordero, we explained that one way in which the above standard could be met was if “[t]he circumstances surrounding the presence of a firearm in a place where drug transactions take place suggest that it was strategically located so as to be quickly and easily available for use during such a transaction.” See 859 F.2d 250, 254 (2d Cir.1988).
discussed Cited as authority (rule) United States v. Torres Maldonado
1st Cir. · 1994 · confidence medium
Cf. Matthews, 942 F.2d at ___ ________ 783-84 (reversing section 924(c)(1) conviction where there was no evidence "that [defendant] intended to avail himself of the firearms in question"); United States v. Feliz- ______________ ______ Cordero, 859 F.2d 250, 254 (2d Cir. 1988) (holding that a _______ loaded gun "found in the same room as drug paraphernalia during the course of a search pursuant to a warrant" was, standing alone, insufficient to support a conviction under section 924(c)(1)).
discussed Cited as authority (rule) United States v. Torres Maldonado
1st Cir. · 1994 · confidence medium
Cf. Matthews, 942 F.2d at 783-84 (reversing section 924(c)(1) conviction where there was no evidence “that [defendant] intended to avail himself of the firearms in question”); United States v. Feliz-Cordero, 859 F.2d 250, 254 (2d Cir.1988) (holding that a loaded gun “found in the same room as drug paraphernalia during the course of a search pursuant to a warrant” *103 was, standing alone, insufficient to support a conviction under section 924(e)(1)).
discussed Cited as authority (rule) United States v. Ricardo Villagrana and Jose Gasca
7th Cir. · 1993 · confidence medium
In arguing insufficient evidence exists to support this conclusion, Gasca cites United States v. Feliz-Cordero, 859 F.2d 250, 254 (2nd Cir.1988), in which the Second Circuit held that the location of a firearm in a dresser drawer in the same room with drug paraphernalia was insufficient to show that the defendant intended to use the gun in connection with his drug trafficking crimes.
discussed Cited as authority (rule) United States v. Hoch (2×)
W.D.N.Y. · 1993 · confidence medium
United States v. Feliz-Cordero, 859 F.2d 250, 253 (2d Cir.1988).
discussed Cited as authority (rule) United States v. Candisha S. Robinson (2×)
D.C. Cir. · 1993 · confidence medium
See, e.g., United States v. Gutierrez-Silva, 983 F.2d 123, 125 (8th Cir.1993) (quickly accessible firearm in close proximity to drugs violated section 924(c) even though gun was unloaded and no ammunition was found); United States v. Hill, 967 F.2d 902, 905-07 (3d Cir.1992) (easily accessible rifle located next to drugs violated section 924(c) even though gun was unloaded, no ammunition was present and rifle stock was separated from barrel). .In United States v. Feliz-Cordero, 859 F.2d 250, 254 (2d Cir.1988), a case cited with approval in Bruce, 939 F.2d at 1055 , and in Long, 905 F.2d at 1578…
discussed Cited as authority (rule) Harris v. State
Md. · 1993 · confidence medium
But see United States v. Bruce, 939 F.2d 1053, 1055-56 (D.C.Cir.1991) (Gun that was hidden in belt buckle in paper bag alongside drugs in pocket of raincoat hanging in closet was not “used” in relation to possession of drugs with intent to distribute); United States v. Edwardo-Franco, 885 F.2d 1002, 1011-11 (2d Cir.1989) (There was no evidence to connect the defendant in any way with the guns other than his testimony that they were in bedroom closet when he arrived at the house); United States v. Feliz-Cordero, 859 F.2d 250, 254 (2d Cir.1988) (Evidence that the defendants kept firearm in b…
discussed Cited as authority (rule) United States v. James Larry Deitz (2×)
8th Cir. · 1993 · confidence medium
This court addressed a similar request in United States v. Curry, 911 F.2d 72 (8th Cir.1990), cert. denied, 498 U.S. 1094 , 111 S.Ct. 980 , 112 L.Ed.2d 1065 (1991), and declined to adopt the test enunciated in United States v. Feliz-Cordero, 859 F.2d 250, 254 (2d Cir.1988), and referred to in Lyman as the law of this circuit.
discussed Cited as authority (rule) United States v. Samuel E. Gunning and Angela D. Gunning
7th Cir. · 1993 · confidence medium
United States v. Matthews, 942 F.2d 779, 783-784 (10th Cir.1991) (firearms found in living room); United States v. Bruce, 939 F.2d 1053, 1054-1056 (D.C.Cir.1991) (“small derringer hidden in a belt buckle stored in a paper bag alongside drugs in the pocket of a raincoat hanging in a closet”); United States v. Lyman, 892 F.2d 751, 752 (8th Cir.1989), cert. denied, 498 U.S. 810 , 111 S.Ct. 45 , 112 L.Ed.2d 21 (1990) (pistol in bag in kitchen cabinet); United States v. Feliz-Cordero, 859 F.2d 250, 253-254 (2nd Cir.1988) (pistol found in dresser drawer).
discussed Cited as authority (rule) United States of America, Cross-Appellant v. David J. Lindsay and D.J. Lindsay, Inc., David J. Lindsay, Cross-Appellee
2d Cir. · 1993 · confidence medium
Moreover, the statute provides that a defendant must use a firearm “during and in relation to” a drug-trafficking crime, 18 U.S.C. § 924 (c)(1), thus requiring “some relation or connection between the firearm and the underlying crime.” United States v. Feliz-Cordero, 859 F.2d 250, 254 (2d Cir.1988).
cited Cited as authority (rule) United States v. Danny A. Murphy
6th Cir. · 1993 · confidence medium
Id.; United States v. Feliz-Cordero, 859 F.2d 250, 254 (2d Cir.1988).
discussed Cited as authority (rule) United States v. Stephen Dwayne Davis
6th Cir. · 1993 · confidence medium
Though Davis is correct in asserting that the mere presence of a gun does not establish a defendant's intent to use the weapon during the drug crime, United States v. Feliz-Cordero, 859 F.2d 250, 254 (2d Cir.1988), this court has held that " 'uses' and 'carries' should be construed broadly to cover the gamut of situations where drug traffickers have ready access to weapons with which they secure or enforce their transactions." United States v. Acosta-Cazares, 878 F.2d 945, 952 (6th Cir.), cert. denied, 493 U.S. 899 (1989). "[T]he statute does not require actual physical possession of a weapon …
discussed Cited as authority (rule) Langston v. United States
SCOTUS · 1992 · confidence medium
The Sixth Circuit remarked that Mukes’ position “has some support in case law from other circuits,” and, in particular, cited the Second Circuit’s decision in United States v. Feliz-Cordero, 859 F. 2d 250, 254 (1988).
discussed Cited as authority (rule) Langston v. United States
SCOTUS · 1992 · confidence medium
The Sixth Circuit remarked that Mukes’ position “has some support in case law from other circuits,” and, in particular, cited the Second Circuit’s decision in United States v. Feliz-Cordero, 859 F. 2d 250, 254 (1988).
cited Cited as authority (rule) United States v. Richard Andrew Conner
10th Cir. · 1992 · confidence medium
United States v. Matthews, 942 F.2d at 783 , citing, United States v. Feliz-Cordero, 859 F.2d 250, 254 (2nd Cir.1988).
cited Cited as authority (rule) United States v. Joseph
D.V.I. · 1992 · confidence medium
Theodoropoulos, 866 F.2d at 597 , (quoting United States v. Feliz-Cordero, 859 F.2d 250, 254 (2d Cir. 1988)); Williams ex rel.
discussed Cited as authority (rule) United States v. Gregory T. Davis
6th Cir. · 1992 · confidence medium
Under these circumstances, it was entirely reasonable for the trial judge to conclude that the revolver was present either to facilitate the transaction or to protect the drugs, and, therefore, the revolver was used in relation to the drug trafficking offense. 16 Finally, defendant argues that his firearm conviction cannot be sustained because the fact pattern is similar to the situation in United States v. Feliz-Cordero, 859 F.2d 250, 254 (2nd Cir.1988).
discussed Cited as authority (rule) United States v. Gilberto Pineda-Ortuno and Carlos Ramirez-Carranza (2×) also: Cited "see"
5th Cir. · 1992 · confidence medium
Accord United States v. Joseph, 892 F.2d 118, 126 (D.C.Cir.1989) (carrying requires a present ability to exercise dominion and control over a firearm and that the firearm be within easy reach); United States v. Feliz-Cordero, 859 F.2d 250, 253 (2nd Cir.1988) (a person cannot be said to carry without at least showing that the gun was within reach during the commission of a drug offense).
discussed Cited as authority (rule) United States v. Johnny Lee Mukes
6th Cir. · 1992 · confidence medium
As we said in Head, 927 F.2d at 1366 , quoting Acosta-Cazares, 878 F.2d at 952 , "[t]he terms 'uses' and 'carries,' in Section 924(c)(1), 'should be construed broadly to cover the gamut of situations where drug traffickers have ready access to weapons with which they secure or enforce their transactions.' " 12 The Court of Appeals for the Second Circuit pointed out in United States v. Feliz-Cordero, 859 F.2d 250, 254 (2d Cir.1988), that "section 924(c) requires more than mere possession of a firearm.
cited Cited as authority (rule) United States v. Danny A. Murphy
6th Cir. · 1991 · confidence medium
Id.; United States v. Feliz-Cordero, 859 F.2d 250, 254 (2d Cir.1988).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Jorge FELIZ-CORDERO and Alexander Feliz-Encarnacion, Defendants-Appellants
1399, 1412, Dockets 88-1146, 88-1147.
Court of Appeals for the Second Circuit.
Oct 11, 1988.
859 F.2d 250
Lynne F. Stewart, New York City, for defendant-appellant Feliz-Cordero., Philip Katowitz, Brooklyn, N.Y., for defendant-appellant Feliz-Encarnacion., Leslie R. Caldwell, Asst. U.S. Atty., E.D. N.Y., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., David C. James, Asst. U.S. Atty., Brooklyn, N.Y., of counsel), for appellee.
Winter, Miner, Billings.
Cited by 151 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 59%
Citer courts: E.D. New York (1)
BILLINGS, District Judge:

Defendant-appellant Jorge Feliz-Cordero (“Cordero”) and defendant-appellant Alexander Feliz-Encarnacion (“Encarnación”) each appeal from a judgment of conviction entered in the United States District Court for the Eastern District of New York. After jury trial before Judge Raymond Dearie, District Judge, defendants were each convicted of one count of conspiracy to possess cocaine base with intent to distribute in violation of 21 U.S.C. § 846 (1982); two counts of possession of cocaine base with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(l)(B)(iii) (1982 & Supp. IV 1986); one count of distribution of cocaine base in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(l)(B)(iii); and one count of carrying a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. §§ 924(c)(1) and 924(c)(2) (1988).

Defendant Feliz-Cordero was sentenced to a seven year prison term on each of the conspiracy, possession, and distribution counts, to run concurrently, and a consecutive five year sentence on the firearm count. Defendant Feliz-Encarnacion was sentenced to a five year prison term on each of the first four counts, to run concurrently, and a consecutive five year sentence on the firearm count.

On appeal, defendants contend that the trial court erred in failing to suppress physical evidence seized as a result of a search warrant which defendants contend was issued absent probable cause. Defendants also contend on appeal that the evidence was insufficient to sustain a conviction on the firearm count. 18 U.S.C. § 924(c)(1). We affirm the district court’s denial of defendants’ motion to suppress physical evidence and reverse defendants’ respective convictions on the firearm count.

BACKGROUND

On February 13, 1987, Bureau of Alcohol, Tobacco and Firearms (“ATF”) Special Agent Ravelo arranged to purchase 200 vials of “crack” (cocaine base) from Pedro Muniz and Fernando Ubiles. Agent Ravelo drove Muniz and Ubiles to 144 Wyckoff Avenue, Brooklyn, New York and waited outside the building while Muniz entered and went to Apartment 3, defendant Corde-ro’s residence. Cordero was not there, so Muniz went upstairs to Apartment 5, defendant Encarnacion’s residence. Muniz had been to both apartments previously and had seen both defendants at that location (the defendants are brothers). On this occasion, defendant Encarnación was present in his apartment and Muniz obtained 150 vials of “crack” from him. Muniz returned to Agent Ravelo’s automobile, showed Ravelo the vials, and handed the vials to Ubiles. Ravelo then drove Muniz to another location where Muniz was to procure the additional 150 vials of “crack”. Muniz exited the automobile and Ravelo lost contact with him. Agent Rave-lo arrested Ubiles and seized the 150 vials of “crack”.

Ravelo returned to the Wyckoff Avenue address where he met defendant Encarna-ción outside the building. Ravelo asked Encarnación if he had seen Muniz because he wanted to obtain the additional 50 vials[*252] of “crack”. Encarnación told Ravelo he was in the process of cooking “crack” and to return in 30 minutes and the 50 vials would then be ready for sale. Ravelo continued to search for Muniz, found him a few minutes later, and arrested him. Mun-iz quickly agreed to cooperate and was debriefed by Agent Ravelo’s partner, ATF Special Agent Raffa. During the debriefing Muniz told the agents he obtained the “crack” from Apartment 6 on the third floor of 144 Wyekoff Avenue, that the apartment was directly above defendant Cordero’s apartment, and had a metal door with a suitcase-style handle.

Muniz was outfitted with a recording transmitter. While wearing the transmitter, Muniz first went to his own apartment. As he was leaving his apartment building, Muniz unexpectedly met both defendants on the street. Part of the conversation between Muniz and Cordero was monitored. It concerned Muniz’s debt for the 150 vials of “crack” he had obtained in the morning. Muniz stated he had not gotten the money yet and asked the defendants to loan him a weapon so that he could obtain the money. The defendants refused Mun-iz’s request. All of the parties, however, agreed to meet later at 144 Wyekoff Avenue. Muniz, still wearing the transmitter, returned to Apartment 3 where both defendants were waiting. During this monitored conversation, the prior “crack” transaction was discussed, including the money owed to defendant Cordero. They also discussed the rising price of “crack” and the gun Cordero kept. Cordero again refused that request to loan him the gun.

On February 14, 1987, based on information obtained from Muniz, the ATF agent observations, and the taped conversations, Agent Raffa swore to an affidavit in support of a search warrant for Apartments 3 and 6. Subsequently, on February 17, 1987, after discovering that Apartment 5 was the only one directly above Cordero’s apartment, Agent Raffa swore to an amended affidavit in support of a search warrant for Apartment 5 rather than Apartment 6.

On February 15, 1987, Muniz returned to Apartment 3, met defendant Encarnación, and gave him $200.00. On February 16, 1987, Muniz telephoned defendant Cordero and promised to pay his debt on the following day. On February 18, 1987, ATF agents and New York City Police officers executed the search warrant on Apartments 3 and 5. Both defendants were then arrested. In Apartment 3 the agents found, among other things, a small quantity of cocaine, drug records, approximately $11,000 in cash, a beeper, and, in a bedroom dresser drawer, a .38 caliber Smith & Wesson revolver loaded with 5 rounds of ammunition, and additional rounds of ammunition.

In Apartment 5 the agents found, among other things, cocaine and cocaine base, plastic vials, a scale, a hot plate, strainers, straight edge razor blades, and a quantity of chemicals used to cut cocaine. The agents seized all of the items found.

DISCUSSION

I. Search Warrant

Defendants Cordero and Encarnación contend that the search warrant was issued without probable cause because the supporting affidavits were based on unreliable and uncorroborated information provided by Pedro Muniz, a government informant. In determining whether a search warrant is supported by probable cause, a flexible, totality-of-the-circumstances standard is employed. Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). In Gates, the Supreme Court stated:

The task of the issuing magistrate is simply to make a practical, commonsense decision whether, given all the circumstances set forth in the affidavit before him, including the “veracity” and “basis of knowledge” of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place. And the duty of a reviewing court is simply to ensure that the magistrate had a “substantial basis for ... eon-cludpng]” that probable cause existed.

[*253] Id. at 238-39, 103 S.Ct. at 2332 (citations omitted). A magistrate’s finding of probable cause is to be given substantial deference by a reviewing court. United States v. Travisano, 724 F.2d 341, 345 (2d Cir.1983).

Although conceding that Gates requires an examination of the totality of the circumstances, defendants contend that the so-called Aguilar-Spinelli test, requiring an examination of the veracity of an informant and the basis of his knowledge, continues to be relevant to an evaluation of the totality of the circumstances. Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964); Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969). While "an informant’s ‘veracity,’ ‘reliability,’ and ‘basis of knowledge’ are all highly relevant in determining the value of his report,” the totality-of-the-circumstances analysis “permits a balanced assessment of the relative weights of all the various indicia of reliability (and unreliability) attending an informant's tip.” Gates, 462 U.S. at 230, 234, 103 S.Ct. at 2328, 2330.

In this case, the affidavits submitted in support of the search warrant contained the following information:

1. ATF agent Ravelo accompanied Mun-iz to 144 Wyckoff Avenue. Muniz exited the building with 150 vials of “crack”.

2. Muniz indicated he had obtained the “crack” from a third floor apartment which had a suitcase-style handle and which was directly above Apartment 3. Apartment 5 is directly above Apartment 3 and is the only apartment on the third floor that has a suitcase-type door handle.

3. Muniz told ATF agents he had observed cocaine being processed in the same third floor apartment and that the processing equipment included burners, lights for drying, and “crack” vials.

4. While wired with a recording device, Muniz spoke with defendant Cordero outside the apartment building concerning the sale of 150 vials of “crack” to Agent Rave-lo.

5. About 15 minutes later, Muniz went into Apartment 3. In a recorded conversation, Muniz discussed the previous “crack” sale with defendant Cordero, told Cordero that the purchaser had not paid for the “crack”, and asked Cordero to lend him the gun Cordero kept in the apartment. Corde-ro told Muniz he could not lend him his gun.

We find that based on a common-sense evaluation of all the information contained in the affidavit, the magistrate could have concluded that there was a fair probability that narcotics and drug equipment were located in Apartments 3 and 5. Therefore, because the search warrant was supported by probable cause, the trial court was without error in refusing to suppress the seized physical evidence.

II. Firearm Convictions

Defendants Cordero and Encarnación claim that the evidence was insufficient to establish that they carried or used a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1). [1]

A. “Carry” a Firearm

Neither the legislative history of section 924(c)(1) nor case law in this circuit suggest that the term “carry” should be construed as having any meaning beyond its literal meaning. Therefore, a person cannot be said to “carry” a firearm without at least a showing that the gun is within reach during the commission of the drug offense. See United States v. Brockington, 849 F.2d 872 (4th Cir.1988) (fact that defendant in taxi cab had fully loaded automatic pistol under his seat and heroin and[*254] cocaine on his person sufficient to convict under section 924(c)(1)). Since the weapon in the present case was not within reach of either defendant, conviction here can be predicated only on the provision of section 924(c)(1) relating to “uses” a firearm.

B. “Uses" a Firearm

In 1984, Congress revised section 924(c). Prior to 1984, the statute had provided that it was a crime to carry a firearm “during the commission of any felony_” 18 U.S. C. § 924(c)(2) (1982). The 1984 amendment established as the predicate offense “any crime of violence” instead of “any felony” and substituted the phrase “during and in relation to” for the word “during”. In 1986, the statute was again amended to add “drug trafficking crime” as a predicate offense.

The legislative history of the 1984 amendment indicates that the “in relation to” language was intended to make explicit that a person could not be prosecuted under section 924(c) for possessing a firearm during the commission of an entirely unrelated crime. S.Rep. No. 225, 98th Cong., 2d Sess. 1, 314 n. 10 (1983), reprinted in 1984 U.S.Code Cong. & Admin.News 3182, 3492 n. 10. Thus, section 924(c) requires more than mere possession of a firearm. Rather, there must be some relation or connection between the firearm and the underlying crime. The necessary relation or connection between possession of a firearm and the underlying crime is established “if from the circumstances or otherwise it could be found that the defendant intended to use the gun if a contingency arose or to make his escape.” Id. (emphasis added).

Based on the foregoing analysis, in order for possession of a firearm to come within the “uses” provision of section 924(c), one of the following is required: i) Proof of a transaction in which the circumstances surrounding the presence of a firearm suggest that the possessor of the firearm intended to have it available for possible use during the transaction; or ii) The circumstances surrounding the presence of a firearm in a place where drug transactions take place suggest that it was strategically located so as to be quickly and easily available for use during such a transaction.

In the present case, the presence of a firearm in a dresser drawer does not meet either of the requirements set out above. On the evidence presented, there is no basis to conclude that the gun would have been quickly accessible if needed. Rather, under the circumstances of this case, the intent to use the firearm must be presumed from the fact that a loaded gun was found in the same room as drug paraphernalia during the course of a search pursuant to a warrant. This is not sufficient evidence to sustain a conviction, even in light of our recognition of the frequent connection between firearms and narcotics trafficking.

In arguing that the firearm convictions should be affirmed, the government relies heavily on United States v. Grant, 545 F.2d 1309 (2d Cir.1976), cert. denied, 429 U.S. 1103, 97 S.Ct. 1130, 51 L.Ed.2d 554 (1977). Application of the test set out above to the facts of Grant shows that it is clearly distinguishable from the evidence in the present case. In Grant, it was apparent from the circumstances surrounding the presence of the firearms that the drug dealers intended to use the guns. The evidence established that there were many weapons strategically located, within easy access, in a “veritable fortress” in which security of the drug operation was the prime concern. Id. at 1310-13.

Based on the foregoing, the evidence was insufficient to establish that defendants carried or used a firearm during and in relation to a drug trafficking crime. Therefore, defendants Cordero’s and En-carnacion’s respective convictions for violation of 18 U.S.C. § 924 are REVERSED.

CONCLUSION

The District Court’s denial of defendants’ motion to suppress physical evidence is AFFIRMED. Defendants’ respective convic[*255] tions for violation of 18 U.S.C. § 924(c)(1) are REVERSED.

1

. 18 U.S.C. § 924(c)(1) provides:

Whoever, during and in relation to any crime of violence or drug trafficking crime, including a crime of violence or drug trafficking crime, which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device, for which he may be prosecuted in a court of the United States, uses or carries a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime, be sentenced to imprisonment for five years....