United States v. Lloyd Romero

MEMORANDUM

Lloyd John Romero appeals his convictions and sentences for being a felon in possession of a firearm, 18 U.S.C. § 922 (g)(1), and for possession of a stolen firearm, 18 U.S.C. § 922 (j). We have jurisdiction under 28 U.S.C. § 1291 and affirm.

1.The evidence was sufficient to support the felon in possession conviction. Under 18 U.S.C. § 922 (g)(1), the government must prove beyond a reasonable doubt “(1) that the defendant was a convicted felon; (2) that the defendant was in knowing possession of a firearm; and (3) that the firearm was in or affecting interstate commerce.” United, States v. Beasley, 346 F.3d 930, 933-34 (9th Cir.2003). Romero does not contest that the weapon was traveling in interstate commerce or that he had a prior qualifying felony. Knowing possession of an object is established if the defendant “knows of its presence and has physical control of it, or has the power and intention to control it.” United States v. Cain, 130 F.3d 381, 382 (9th Cir.1997) (citation omitted). Trial testimony that there was a firearm under the driver’s seat of a vehicle that Romero was driving, that he pulled the weapon out and showed it to a passenger, and that he stated…