United States v. William George Young

Good Law
420 F.3d 915·2005 WL 1993977·2005 U.S. App. LEXIS 17612
United States Court of Appeals for the Ninth CircuitAugust 19, 200504-30289California801 words

Opinion

Opinion

Gould, J.

William Young appeals his jury conviction and sentence for possession of a firearm by a prohibited person in violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. Under de novo review, see United States v. Johnson, 357 F.3d 980, 983 (9th Cir.2004), we conclude that the district court did not err in denying the appellant’s motion for acquittal pursuant to Federal Rule of Criminal Procedure 29. Constructive possession requires “a sufficient connection between the defendant and the contraband to support the inference that the defendant exercised a dominion and control over” that contraband. United States v. Disla, 805 F.2d 1340, 1350 (9th Cir.1986). If the defendant has exclusive control over the premises where firearms are found, then knowledge and control of the firearms may be inferred. United States v. Rodriguez, 761 F.2d 1339, 1341 (9th Cir.1985). However, where “a residence is jointly occupied, the mere fact that contraband is discovered at the residence will not, without more, provide evidence sufficient to support a conviction based on constructive possession against any of the occupants.” United States v. Reese, 775 F.2d…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.