Ambartsumyan

United States v. Ambartsumyan

Good Law
58 F. App'x 263
United States Court of Appeals for the Ninth CircuitJanuary 14, 2003No. 01-50458; D.C. No. CR-00-00026-LGB-01California702 words

Opinion

Lead Opinion

MEMORANDUM *

Albert Ambartsumyan appeals his conviction of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). He contends that the evidence was insufficient for the jury to find that he “knowingly possessed” the gun.

Because we conclude that there was sufficient evidence in the record to support a finding of constructive possession, we affirm.

I.

We review Ambartsumyan’s claim of insufficiency of the evidence for plain error, and hold that it was not plain error for the district court to convict Ambartsumyan of being a felon in possession. See United States v. Carpenter, 95 F.3d 773, 775 (9th Cir.1996) (noting that when a defendant fails to renew his motion for judgment of acquittal at the close of all the evidence, we review his claim of insufficiency of the evidence for plain error rather than de novo (citing United States v. Oliver, 60 F.3d 547, 551 (9th Cir.1995))).

The government may prove the element of possession by showing actual, constructive, or joint possession. See United States v. Carrasco, 257 F.3d 1045, 1049 (9th Cir.2001); United States v. Shirley, 884 F.2d 1130, 1134 (9th Cir.1989). Here, the officers found the gun in a linen…

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