Lusk
United States v. Lusk
Opinion
Lead Opinion
MEMORANDUM *
A jury convicted defendant Jasmine Lusk (“Lusk”) of felony possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Lusk subsequently moved for *956 judgment of acquittal, arguing that the evidence was insufficient to support a finding that he actually possessed the firearm at issue. The district court granted Lusk’s motion, and the government appeals. Because the parties are familiar with the factual and procedural background of this dispute, we do not recount it here.
The government contends that the evidence was sufficient to support the jury’s verdict, and accordingly that the district court erred in granting Lusk’s motion for acquittal. Specifically, the government challenges the district court’s reliance on United States v. Jose Luis L., 978 F.2d 543 (9th Cir.1992) and United States v. Corral-Gastelum, 240 F.3d 1181 (9th Cir. 2001). The court relied on these cases to support its holding that Lusk’s “mere proximity” to the gun found in the backyard of 3725 NE 17th was insufficient to sustain Lusk’s conviction. According to the government, the district court’s reliance on this authority was improper because Lusk’s case is not a “mere proximity” case.