Blackbird

MEMORANDUM *

Appellant Blackbird was convicted of six gun and drug charges in the district court. On appeal, he argues that there was not sufficient evidence to convict him of four of the charges, including one count of drug possession and three counts of gun possession. He also argues that the district court unconstitutionally limited his cross-examination of one witness. We disagree and affirm.

Possession can be actual or constructive. See United States v. Cazares, 121 F.3d 1241, 1245 (9th Cir.1997). “To prove constructive possession, the government must prove a sufficient connection between the defendant and the contraband to support the inference that the defendant exercised dominion and control over the substance.” United States v. Terry, 911 F.2d 272, 278 (9th Cir.1990) (internal quotation marks omitted). Although this is a close case, we believe that a rational jury could infer from the evidence that appellant exercised dominion and control over the gun and drugs. Appellant lived in the basement where the safe—which contained the items at issue here—was found, and the two other residents of the house denied owning the items. In combination, this evidence was sufficient…