United States v. Tustuji Matu Wakauwn

MEMORANDUM **

The sole issue in this appeal is whether the district court correctly found that there was insufficient evidence that Tustuji Matu Wakauwn knowingly possessed the *927 revolver that was the subject of his indictment for being a felon in possession of a firearm, a violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction under 28 U.S.C. § 1291 , and review de novo the motion for judgment of acquittal, United States v. Magallon-Jimenez, 219 F.3d 1109, 1112 (9th Cir.2000). Drawing all reasonable inferences in support of the jury’s verdict, we nevertheless agree with the district court that a reasonable finder of fact could not have concluded beyond a reasonable doubt that Wakauwn possessed the revolver.

“We have held repeatedly that neither proximity to the contraband [ ][nor] presence on the property on which contraband is recovered ... is sufficient proof of ... possession.” United States v. Chambers, 918 F.2d 1455, 1459 (9th Cir.1990) (collecting eases). Some additional “connecting” evidence is necessary for the prosecution to meet its burden of proof. See United States v. Soto, 779 F.2d 558, 560-61 (9th Cir.1986). Here, the Government’s effort to connect Wakauwn…