United States v. Eugene Earl

I.

On the basis of circumstantial evidence offered through the testimony of a paid informer, Earl was convicted of possession of cocaine with intent to distribute and sentenced to 24 years imprisonment. The government relied on the doctrine of “constructive possession” to show that Earl had dominion and control over the drugs.

On appeal, Earl argues that the evidence was insufficient for a “rational trier of fact [to] have found the essential elements of the crime beyond a reasonable doubt.” United States v. Martinez, 967 F.2d 1343, 1345 (9th Cir.1992). The government’s presentation at oral argument was unusually effective. Counsel carefully marshalled all of the meager facts and presented them fairly and well. He did the best he could, with a record that was simply not adequate to support a conviction. Despite his efforts, we conclude that Earl’s argument is correct. The evidence is insufficient. We reverse.

II.

On October 22, 1992, an agent of the Drug Enforcement Administration (“DEA”), received a telephone call from a convicted felon and paid informer named Douglas. Douglas told the agent that he had just left a residence in Las Vegas, Nevada, he called the “crime house,”…