Jones

United States v. Jones

Good Law
346 F. App'x 253
United States Court of Appeals for the Ninth CircuitSeptember 29, 2009No. 08-30167California1,391 words

Opinion

Lead Opinion

MEMORANDUM *

Lorenzo Jones (“Jones”) appeals his conviction and 262-month sentence for be *256 ing a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). We affirm.

Viewed in the light most favorable to the prosecution, there was sufficient evidence that Jones jointly possessed the firearms with his passengers. Possession need not be exclusive, so long as each person knows of the object’s presence and has the intention and ability to control it. See United States v. Cain, 130 F.3d 381, 382 (9th Cir.1997); see also United States v. Shirley, 884 F.2d 1130, 1134 (9th Cir.1989) (“ ‘[T]o establish constructive possession, the government must produce evidence showing ownership, dominion, or control over the contraband itself or the premises or vehicle in which contraband is concealed.’ ”) (quoting United States v. Soto, 779 F.2d 558, 560 (9th Cir.1986)).

In a recorded jail conversation, Jones told a friend that he knew one of the car’s occupants was “dirty in the car” and “had burners on him.” After initially stopping for police, who approached the van with weapons drawn, Jones told his friend he decided to run from the police to “give his homeboy room to bounce”…

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