United States v. Thomas Joe Pearson

Thomas Joe Pearson appeals from the judgment of conviction following a trial by jury. He was convicted of possession of a firearm by a prohibited person in violation of 18 U.S.C. §§ 922 (g) and 924(a)(2), as charged in Count One of the indictment, of the possession of an unregistered firearm in violation of 26 U.S.C. § 5861 (d), as charged in Count Two, of the possession of an unidentified firearm in violation of 26 U.S.C. § 5861 (h), as charged in Count Three, of the possession of methamphetamine with the intent to distribute it in violation of 21 U.S.C. §§ 841 (a)(1) and 846, as charged in Count Four, and the use of a firearm during and in relation to a drug-trafficking crime in violation of 18 U.S.C. § 924 (c), as charged in Count Five.

His appeal is limited to the denial of his motion for a judgment of acquittal regarding the crimes set forth in Count Four and Count Five of the indictment. He alleges that the evidence is insufficient to demonstrate that he possessed methamphetamine with the intent to distribute it to the woman with whom he cohabited because they attempted to acquire it to consume it jointly and simultaneously. He also maintains that his conviction of using a…