United States v. Jose C. Sablan

19 F.3d 31 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Jose C. SABLAN, Defendant-Appellant. No. 93-10309. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1994. * Decided Feb. 16, 1994. Before: SCHROEDER, CANBY and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Jose C. Sablan appeals his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. Secs. 922 (g), 924(a)(2). Sablan contends the district court erred by (1) denying his request for a jury instruction on constructive possession, (2) rejecting his proposed jury instruction on reasonable doubt, and (3) admitting hearsay testimony. We have jurisdiction under 21 U.S.C. Sec. 1291 , and we affirm. 3 Sablan asserts the district court erred by denying his proposed jury instruction on constructive possession because his theory of defense was that he did not actually or constructively possess a shotgun. This argument lacks merit. 4…