Owens

United States v. Owens

Good Law
98 F. App'x 595
United States Court of Appeals for the Ninth CircuitApril 28, 2004No. 03-10395; D.C. No. CR-02-00986-PGRCalifornia580 words

Opinion

Lead Opinion

MEMORANDUM *

John Henry Owens appeals his conviction under 18 U.S.C. § 922 (g)(1) for being a felon in possession of a firearm. He also appeals his resulting prison sentence. We affirm. Because the facts are familiar to *596 the parties, we do not recite them here except as necessary to clarify our decision.

Owens contends that the district court erred by failing to provide the jury with a “mere presence” instruction. 1 The Government’s case against Owens, however, rested on more than his mere presence at the scene of the crime. 2 Other evidence the Government presented supporting Owens’ possession of the firearms included: (1) Owens’ ownership of the vehicle in which they were found; (2) the fact he was driving that vehicle; (3) the open and obvious locations of the firearms in the car; (4) Owens’ knowledge that the correct license plates for the car were in the trunk (where two of the firearms were also located); and (5) Owens’ knowledge that his live-in girlfriend had inherited the firearms and intended to keep them. Additionally, the district court properly instructed the jury regarding the knowledge and control elements of 18 U.S.C. § 922 (g)(1). The district court…

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