United States v. Mike J. Uzelac

Mike J. Uzelac was convicted of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). He appeals the district court’s refusal to grant a sentence reduction, arguing he is entitled to a downward adjustment because he possessed the firearm for sporting or collection purposes. We affirm.

I

On April 3, 1989, federal agents searched Uzelac’s residence pursuant to a search warrant, approximately three weeks after he was released from prison. Uzelac lived in a mobile home with his common-law wife, Henny Bernier. The agents seized three guns, including a loaded shotgun mounted on a display rack in the hallway of the mobile home.

One of the agents testified that the shotgun was “rare,” a “unique weapon.” Ber-nier testified at trial that she owned the shotgun and the other two guns. She had purchased the shotgun fourteen years earlier and considered it to be hers. In spite of this testimony, Uzelac was convicted of possessing the shotgun, apparently on a constructive possession theory. He was acquitted of possessing the two handguns.

During the sentencing hearing, Uzelac argued he had only constructive possession of the shotgun, because he did not own it and…