Owens

MEMORANDUM *

John Henry Owens appealed his conviction under 18 U.S.C. § 922 (g)(1) for being a felon in possession of a firearm. He also appealed his resulting sentence. We affirmed his conviction and sentence in a memorandum disposition. 1 The Supreme Court vacated that disposition and remanded to this court for further consideration in light of United States v. Booker, 2 We affirm Owens’ conviction, and vacate and remand his sentence. Because the facts are familiar to 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. 3 The Government’s case against Owens, however, rested on more than his mere presence at the scene of the crime. 4 Other evidence the Government presented supporting Owens’ possession of the firearms included: (1) Owens’ ownership of the vehicle in *653 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)…