Hardin

United States v. Hardin

Good Law
84 F. App'x 895
United States Court of Appeals for the Ninth CircuitDecember 19, 2003No. 02-10634; D.C. No. CR-01-00899-JMRCalifornia520 words

Opinion

Lead Opinion

MEMORANDUM **

On June 27, 2001, a grand jury indicted Defendant Carlos Lopez Hardin on two counts: possession of a firearm by a convicted felon, a violation of 18 U.S.C. *896 §§ 922 (g)(1) and 924(a)(2); and possession of a firearm with an obliterated serial number, a violation of 18 U.S.C. §§ 922 (k) and 924(a)(1)(B). The jury convicted Defendant on both counts. Defendant appeals from that conviction, challenging (1) the jury instruction regarding constructive possession, (2) the district court’s failure to give a separate unanimity instruction on possession, and (3) the district court’s denial of Defendant’s motion for judgment of acquittal under Federal Rule of Criminal Procedure 29. We affirm the district court in all respects. On a charge of possession of a firearm by a convicted felon under 18 U.S.C. § 922 (g), a showing of actual, constructive or joint possession is sufficient to establish the possession element. United States v. Carrasco, 257 F.3d 1045, 1049-50 (9th Cir.2001). Defendant claims that there was insufficient evidence to instruct the jury on constructive possession because the firearms at issue were located in a bedroom that Defendant shared with his…

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