USCA1 Opinion

[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT
____________________

No. 96-2132

UNITED STATES,

Appellee,

v.

EDWIN COLON,

Defendant, Appellant.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Reginald C. Lindsay, U.S. District Judge]

___________________

____________________

Before

Torruella, Chief Judge,

___________
Boudin and Stahl, Circuit Judges.
______________

____________________

Valeriano Diviacchi
____________________

and

Diviacchi Law
Office
_______________________

on

brief

appellant.
Donald
K. Stern,
__________________

United

States

Attorney,

and

Robert
_______

Richardson, Assistant United States Attorney, on brief for appellee

__________

____________________

September 8, 1997
____________________

Per Curiam.
___________

Appellant Edwin Colon was convicted in the

District of Massachusetts of being a felon in possession of a

firearm and of

possession of an

unregistered silencer.

We

address his two challenges.

1. Jury selection
__________________

Appellant argues the district court committed reversible

error

when it allowed

peremptory

challenge in

the government to

violation

of

exercise a seventh

Rule

24(b)

of

the

Federal Rules of Criminal Procedure.

Rule

24(b)

challenges

prohibits

granting

to the government.

additional

peremptory

New England Enterprises, Inc.

_____________________________

v. United States, 400 F.2d 58, 68 (1st Cir. 1968).

________________

was

error for

the

district judge

challenge to the government.

to

grant an

Yet a reversal

unless the issue was preserved for appeal.

In

United States v. Projansky, 465

___________________________

1972), the

court explained

what was

preserve the issue for appeal.

counsel

Thus,

it

additional

is not in order

Id.
___

F.2d 123

required

(2d Cir.

in order

to

In that case, the defendants'

did object to the government's receipt of additional

challenges, yet

counsel did

not state

the grounds

for the

objection or mention Rule 24(b).

that since counsel had not

restrictions of

issue for appeal.

Rule 24(b),

Id. at 140.
___

The court held

alerted the district court to the

counsel had

Id.
___

-2-

not preserved

the

Similarly,

defendant's

counsel here did not

judge to the reason for her objection.

24(b) or argue

She did not cite Rule

that the court lacked authority

additional challenge.

Instead, she only argued

"unfair."

not

This

is

Enterprises and Projansky.

___________
_________

sufficient

alert the

under

The judgment of

to grant the

that it was

New England
____________

conviction will

be affirmed.

2. Sentencing
______________

Secondly, appellant argues

finding he "used

or possessed" a firearm in

another felony (possession

and so

the district court erred

the court should

level under U.S.S.G.

connection with

of cocaine with intent

not have enhanced his

2K2.1(b)(5).

in

to sell),

base offense

The firearm in question--a loaded, .22 caliber revolver-

-was located in defendant's nightstand in the master bedroom.

The

district court's conclusion that the loaded revolver was

kept to protect

for

the cocaine stored in the

clear error.

(1st Cir. 1994).

that the

house is reviewed

United States v. Thompson, 32

__________________________

We find none.

defendant kept

F.3d 1, 4

It is reasonable to conclude

the revolver

protect his valuables, including

in his

nightstand to

his cocaine, should someone

break into his home.

This court must also determine whether the keeping

revolver

of

to protect a supply

U.S.S.G.

2K2.1(b)(5)

of a

of drugs meets the requirement

that

the

firearm be

used

or

-3-

possessed

"in

interpretation

connection with"

of

Sentencing

felony.

Guideline

Review of

is

an

de
novo.
_________

Thompson, 32 F.3d at 4.
________

In United States v. Brewster, 1 F.3d 51 (1st Cir. 1993),

_________________________

we examined when a firearm is possessed "in

connection with"

drug trafficking under U.S.S.G.

some

nexus

between

required, but

interpreted

guideline

firearm and

that the language

broadly.

combination

the

2K2.1(b)(5).

of

Brewster,
________

firearms

encompasses the

and

many

that

other

felony is

of the Guideline

should be

drugs

the

We held

F.3d

is

at

common,

logical links

between the use of firearms and drugs."

54-55.

"The

and

which

the

exist

Thompson, 32 F.3d at
________

8.

Here, a

logical link exists

large amount of cocaine for

between the

storing of

purposes of sale and the keeping

of a loaded revolver to protect

those drugs from theft.

district court did not commit error when it

base offense level pursuant to U.S.S.G.

The

enhanced Colon's

2K2.1(b)(5).

AFFIRMED.
_________

-4-