18 U.S.C. § 922

Section 922(g)(1)’s knowing-possession element can be proved by constructive possession when a person knows of a firearm and has the ability and intent to control it.

United States v. Kelley · filed 2010-02-12(g)(1)

“Knowing possession can be actual or constructive, as well as sole or joint.” ... Stated differently, “constructive possession ‘requires knowledge of an object, the ability to control it, and the intent to do so.’ ” ... Given this proof, we conclude that there was enough evidence in the record to support Kelley’s conviction.

Section 922(g)(1)’s knowing-possession element can be proved through circumstantial evidence of constructive possession.

United States v. Butler · filed 2010-02-09(g)(1)

Constructive possession of a firearm, however, may be established with circumstantial evidence. ... Considering the evidence in the light most favorable to the jury’s verdict, we conclude that a reasonable jury could have found Defendant guilty beyond a reasonable doubt based on the evidence presented at trial.

Possession under § 922(g)(1) can be constructive when the defendant has dominion and control over the place where a firearm or ammunition is found.

United States v. Johnson · filed 2010-03-09(g)(1)

Viewing the evidence in the light most favorable to the verdict, a reasonable juror could have found Johnson had constructive possession of the pistol because of his dominion and control over the bedroom where the pistol was found. ... Viewing the evidence in the light most favorable to the verdict, a reasonable juror could have determined that Johnson had constructive possession of the ammunition.

Section 922(g)(1)'s possession element can be satisfied by evidence from which a rational juror could find constructive possession of a firearm.

United States v. Peoples · filed 2010-03-18(g)(1)

Peoples’s argument fails because we, after viewing the evidence in the light most favorable to the government, hold that a rational juror could have concluded that Peoples was in constructive possession of the firearm.

Section 922(g)’s possession element can be established by dominion or control over the firearm or the premises where it is found.

United States v. Hughes · filed 2010-04-05(g)

Constructive possession exists when the defendant has “dominion or control over an illegal item itself, or dominion or control over the premises in which the item is found.” ... The record discloses ample evidence for the jury to find constructive possession, which includes testimony from Hughes’s sister that she spoke with him while the gun was sitting next to him in his truck.

Under § 922(g)(1), a defendant can constructively possess a firearm when he has the power and intention to control it.

United States v. Parker · filed 2010-04-14(g)(1)

As a result, the jury could reasonably have concluded that Subran constructively possessed a gun because he had the power and intention to exercise control over a gun during the narcotics robbery.

Section 922(g)(1) permits a felon-in-possession conviction based on constructive possession when the defendant knows of the firearms and exercises dominion and control over them.

United States v. Heilman · filed 2010-04-21(g)(1)

Accordingly, a reasonable juror could have found that Johnson constructively possessed the guns in violation of both §§ 922(g)(1) and 924(c)(1).

Section 922(g)(1)'s possession element can be proved through actual or constructive possession; evidence of ownership or control can establish constructive possession.

United States v. Adams · filed 2010-05-11(g)(1)

The government could prove that Adams knowingly possessed the gun by showing he actually or constructively possessed it. ... Constructive possession may be established by evidence demonstrating ownership, dominion, or control over a gun. ... Here, the testimony indicates that the same individual was in sole, knowing possession of the same rifle in the same house on four successive occasions leading up to the charged date. Such testimony therefore helps to establish his ownership or control of the gun.

Section 922(g) permits a conviction based on constructive possession of a firearm.

United States v. Jeffries · filed 2010-05-11(g)

Constructive possession, however, is sufficient to support a conviction for unlawful possession of a firearm under § 922(g).

Section 922(g)(1) permits a felon-in-possession conviction based on constructive possession of firearms and ammunition.

United States v. Ridley · filed 2010-06-03(g)(1)

When considered together, these facts are sufficient to establish that Ridley constructively possessed the firearms and ammunition. Consequently, Ridley’s conviction under § 922(g)(1) is proper.

Section 922(g)(1) allows knowing possession of a firearm to be proved through constructive possession; actual possession is unnecessary.

United States v. Trafficanti · filed 2010-06-03(g)(1)

Furthermore, to establish a § 922(g) violation, “[t]he government need not prove actual possession in order to establish knowing possession; it need only show constructive possession through direct or circumstantial evidence.”

Section 922(g) permits a felon-in-possession conviction based on constructive possession of a firearm.

United States v. Gabbard · filed 2010-07-02(g)

Viewing the evidence in the light most favorable to the Government, we conclude that a reasonable jury could determine that Gabbard lived at the trailer, and was present on May 19, 2005, and therefore had constructive possession of the marijuana and firearms found in the trailer on that date.

Section 922(g)(1)’s possession element can be proved by a felon’s control over the premises where a firearm or ammunition is found, even when possession is shared.

United States v. Beeman · filed 2010-07-08(g)(1)

A reasonable jury could have concluded that Beeman was in knowing possession of the 9-millimeter Glock and the 35-caliber ammunition because he exercised dominion or control over the house and vehicle, both of which were owned by Beeman, in which the firearm and ammunition were found.

Section 922(g)(1) allows knowing possession of a firearm to be proved through constructive possession.

United States v. Boyd · filed 2010-07-26(g)(1)

As with a § 841 drug offense, knowing possession under § 922(g)(1) can be established through proof of constructive possession.

Section 922(g)(1)’s possession element can be satisfied by constructive possession when the defendant has dominion and control over the firearm or the place where it is found.

United States v. Sagoes · filed 2010-07-27(g)(1)

Since he had dominion and control over the house, the bedroom in which the gun was found, and the gun itself, the evidence was sufficient to demonstrate that he had constructive possession of it.

Section 922(g)(1)’s possession element can be satisfied by constructive possession of a firearm.

United States v. Whisnant · filed 2010-08-11(g)(1)

The possession requirement of § 922(g)(1) can be satisfied by showing that the defendant had actual or constructive possession of the firearm. ... The evidence at trial was sufficient to prove that Whisnant had constructive possession of the seized firearms and ammunition.

Section 922(g)(1)’s possession element can be satisfied by constructive possession when a defendant controls the residence where firearms are found.

United States v. Gavin · filed 2010-08-27(g)(1)

A jury could therefore reasonably infer that, while he may have been living elsewhere, Gavin nevertheless exercised control over the residence and therefore maintained constructive possession of the firearms.

Section 922(g) allows a finding of constructive possession when a felon controls the storage unit containing firearms and ammunition, even if another person also has access.

United States v. Parks · filed 2010-09-24(g)

First, the fact that Parks’s mother had access to the unit does not preclude a jury from finding that Parks had constructive possession of the firearms and ammunition found in the unit.

Section 922(g) permits a constructive possession instruction when evidence that the defendant hid a gun supports an inference that he intended to retrieve it.

United States v. White · filed 2010-10-04(g)

Despite this mischaracterization, we nevertheless agree that White’s affirmative act of secreting the gun could create an inference that he intended to return to the bushes to retrieve it, which is adequate evidence to support a jury charge on constructive possession.

Section 922(g)(1)’s possession element can be satisfied by constructive possession of a firearm.

United States v. Rayford James Williams, Jr. · filed 2010-10-25(g)(1)

The jury was entitled to credit Jackson’s testimony and conclude that Williams constructively possessed the firearm, and was thus guilty of violating 18 U.S.C. § 922(g)(1).

Section 922(g)(1)’s possession element can be proved by evidence that the defendant knew of a firearm and had the power and intent to control it.

United States v. Charles Webster, Jr. · filed 2010-11-03(g)(1)

We find that a reasonable jury could conclude based on the evidence that Webster knowingly had the power and intent to exercise dominion and control over the firearm.

Section 922(g)(1)'s firearm possession element can be proved through circumstantial evidence of constructive possession.

United States v. Basheer · filed 2010-12-07(g)(1)

When viewed in the light most favorable to the government as verdict winner, we have no trouble concluding that the evidence was sufficient to allow the jury to find that Basheer was in constructive possession of the drugs and firearms found in the vacant property that was clearly being used to “stash” drugs that the juvenile was selling.

Section 922(g)(1)'s possession element can be proved by evidence that the defendant knew of and had access to firearms.

United States v. Hodge · filed 2010-12-14(g)(1)

The Government presented sufficient evidence to establish that Hodge constructively possessed the firearms by having knowledge of and access to the weapons.

Section 922(g)(1) allows a finding of constructive possession when a felon knows of firearms and can control the areas where they are found.

United States v. Daniels · filed 2010-12-16(g)(1)

Under 18 U.S.C. § 922(g)(1), the government must prove that Daniels was a felon who possessed a firearm that traveled in interstate commerce. ... A jury could infer from this evidence that Daniels both knew of the guns and could control the areas in which the guns were found.

Section 922(g)(1) permits a felon-in-possession conviction based on constructive possession, which need not be exclusive.

United States v. Baldwin · filed 2011-01-03(g)(1)

Convictions for possession of firearms may be upheld based on constructive possession, and possession need not be exclusive.

Section 922(g)(1) covers actual and constructive possession of a firearm; constructive possession requires the power and intention to control it.

United States v. Melvey · filed 2011-01-06(g)(1)

Under section 922(g)(1), possession of a firearm may be actual or constructive. ... To establish constructive possession, the government must show that a defendant had “the power and intention to exercise dominion and control over an object.”

Section 922(g)(1) allows a conviction based on joint constructive possession of a firearm; direct evidence of possession is unnecessary.

United States v. Vanover · filed 2011-01-13(g)(1)

It is not fatal that, as Butch stresses, there is no direct evidence he possessed the firearm, because proof of joint constructive possession is sufficient to sustain a conviction under § 922(g)(1).

Section 922(g)(1) requires knowing possession of a firearm; mere proximity to it is insufficient.

United States v. Kelly · filed 2011-01-20(g)(1)

Assuming, as we do, that the jury followed these instructions, it could not have found Kelly guilty if he was only in “mere proximity” to the firearm.

Section 922(g)(1) allows a jury to find possession of a firearm through constructive possession; the defendant need not own the firearm.

United States v. Kirkwood · filed 2011-02-03(g)(1)

Kirkwood last argues that the evidence failed to establish that he constructively possessed a firearm, but we disagree. ... One of Kirkwood’s former employees, Felix Brown, testified that he owned the rifle, but “ownership is not a requirement for possession.”

Section 922(g)'s possession element covers both actual and constructive possession of ammunition; an indictment alleging possession need not specify which.

United States v. Graham · filed 2011-02-10(g)

Because the indictment’s terms are consistent with either actually possessing the ammunition or constructively possessing it, the indictment could not have been constructively amended by trial proceedings establishing that Graham actually possessed the ammunition in question.

Section 922(g)(2) permits a finding of constructive possession when a fugitive exercises ownership, dominion, or control over a firearm or ammunition, or over the premises where it is found.

United States v. Reed · filed 2011-03-08(g)(2)

We conclude the evidence was sufficient for a jury to find Reed exercised ownership, dominion or control over the firearm or ammunition, or exercised dominion or control over the premises on which the firearm and ammunition were found.

Section 922(g)(1)’s possession element is satisfied by constructive possession of a firearm.

United States v. Smith · filed 2011-03-21(g)(1)

But constructive possession satisfies the possession element of § 922(g)(1), ... and the government presented evidence sufficient to support Mr. Smith’s constructive possession of the Mossberg.

Under § 922(g)(1), possession may be constructive when the defendant has the power to exercise dominion and control over a firearm.

United States v. Roe · filed 2011-04-07(g)(1)

Here, viewing the evidence in the light most favorable to the Government, we find that there was sufficient evidence from which the jury could conclude beyond a reasonable doubt that Roe constructively possessed the firearm.

Section 922(g) permits a felon-in-possession conviction based on constructive possession when the evidence establishes knowing possession of the firearm.

United States v. Deandre Young · filed 2011-04-27(g)

Her testimony established that Young knowingly possessed the gun because: 1) she gave the gun to him; 2) he did not return it; 3) she rented the vehicle for him; and 4) he had complete control over the car.

Section 922(g)(1)’s possession element can be proved through constructive possession when the evidence establishes a sufficient connection to the firearm beyond mere proximity.

United States v. Holmes · filed 2011-05-04(g)(1)

The foregoing factors go beyond establishing Holmes’ mere presence with or proximity to the weapon, but rather establish a sufficient nexus between Holmes and the gun from which a rational jury could find beyond a reasonable doubt that Holmes had constructive possession of the firearm.

Section 922(g) firearm possession can be proved by evidence that the defendant had knowing dominion and control over the guns, including control over where they were found.

United States v. Leary · filed 2011-05-12(g)

Not only were the guns found in the closet—an area over which Leary exercised dominion and control, albeit shared—but Leary openly admitted that the blue duffel bag on the left side of the closet in which the guns were found was his, as were all of the other items on the left side of the closet. Furthermore, as in Arnold, Luhman had just reported to the police that Leary had pointed a small, black gun matching the description of one of the guns found in the blue duffel bag at her. She had also seen him take one of the assault rifles out of a duffel bag when he pointed a gun at her in mid-April. This evidence goes beyond that found to be sufficient in Arnold, thereby providing the district court with ample reason to deny Leary’s motion for a judgment of acquittal.

Section 922(g)(1)’s firearm possession element can be satisfied by constructive possession.

United States v. Thompson · filed 2011-05-19(g)(1)

Thompson argues that the United States failed to prove that he knowingly possessed a firearm, but we disagree. Terrika Kemp, Thompson’s girlfriend, testified that Thompson had been carrying a handgun in the waistband of his pants for ten days before officers discovered a loaded Glock .40 caliber pistol concealed under the driver’s seat of a vehicle Thompson had been driving. Kemp’s testimony established that Thompson was in constructive possession of the gun.

Section 922(g)(1)’s knowing possession element can be proved by constructive possession of a firearm.

United States v. Brooks · filed 2011-05-20(g)(1)

Here, viewing the evidence in the light most favorable to the government, the government presented substantial evidence to show that Brooks had dominion or control over the bedroom in which officers found the firearm, and thus, that he knowingly possessed the firearm.

Section 922(g)(1)’s knowing possession element can be satisfied by constructive possession when a defendant controls a vehicle containing a firearm he can readily access.

United States v. Benford · filed 2011-05-26(g)(1)

As such, a jury could reasonably find that Benford had at least constructive possession of the firearm by virtue of his ability to take actual possession of it and his control over the car in which it was located.

Section 922(g)(1) permits a felon-in-possession conviction based on constructive possession of a firearm.

United States v. Mokol · filed 2011-06-22(g)(1)

And constructive possession was a permissible theory on which to convict Mokol for being a felon in possession of a gun.

Section 922(g)(5) prohibits an illegal alien from possessing a firearm in or affecting commerce; possession need not be physical.

United States v. Hernandez · filed 2011-07-22(g)(5)

It is unlawful for any person who is an illegal alien to “possess in or affecting commerce, any firearm or ammunition.” 18 U.S.C. § 922(g)(5). ... The Government was not required to show that Hernandez physically possessed the weapons. ... After reviewing the record, we conclude that the evidence was sufficient to establish that Hernandez possessed the firearm.

Section 922(g)(1) permits a finding of constructive firearm possession in a shared vehicle when evidence beyond mere proximity supports an inference that the defendant knew of and had access to the firearm.

United States v. Kitchell · filed 2011-08-09(g)(1)

Viewing this evidence in the light most favorable to the government, a reasonable jury could find that the government sufficiently demonstrated a connection or nexus between Mr. Kitchell and the firearms, leading to a plausible inference that Mr. Kitchell had knowledge of and access to the weapons.

Section 922(g)(1) allows the government to prove firearm possession through constructive possession without proving ownership or actual possession.

United States v. Vasquez · filed 2011-08-15(g)(1)

The government was required to show beyond a reasonable doubt that he constructively possessed the firearms. ... The government did not need to show ownership or actual possession.

Section 922(g)(1) permits proof of firearm possession through constructive possession; ownership or actual possession is unnecessary.

United States v. Yasquez · filed 2011-08-15(g)(1)

The government was required to show beyond a reasonable doubt that he constructively possessed the firearms. ... The government did not need to show ownership or actual possession.

Section 922(g) permits a finding of constructive possession when a firearm is near the defendant and other evidence suggests the defendant tried to conceal it.

United States v. Montague · filed 2011-10-19(g)

Given the proximity of the firearm, and the officers’ testimony of Montague’s furtive movements, a rational juror could conclude beyond a reasonable doubt that Montague constructively possessed the firearm.

Section 922(g)(5)’s possession element can be proved by showing that an unlawful alien had access to and knowledge of a firearm in jointly occupied premises.

United States v. Mata-Rodriguez · filed 2011-10-21(g)(5)

Constructive possession of a firearm found on premises jointly occupied by two or more persons may be proved by showing that the defendant had access to and knowledge of the firearm.

Under § 922(g)(1), a defendant constructively possesses a firearm when he knows of it and intends to exercise control over it, including through others in a joint criminal venture.

United States v. Perez · filed 2011-10-26(g)(1)

The record evidence supports a reasonable conclusion that Del Monte had both (1) knowledge of the guns being transported to the robbery site and (2) intent that those guns be used—either by him or his coparticipants—in the robbery of the fictional cocaine stash house. Thus, Del Monte constructively and jointly possessed the guns.

Section 922(g)(1) permits a felon-in-possession conviction based on constructive possession of a firearm, even without fingerprints or other direct evidence.

United States v. Harris · filed 2011-11-01(g)(1)

With regard to the charge of being a felon in possession of a firearm, the parties stipulated that Harris was a convicted felon. Thus, Harris can only argue that there was not enough evidence for the jury to find that he possessed the guns recovered from the bedroom of the Pickett Avenue residence. The jury heard testimony, however, that both guns were found in a bedroom that contained mail addressed to Harris, along with clothing and shoes that appeared to belong to an adult male. Further, they heard that Harris rented the home and left it shortly before the search began. Thus, even without fingerprints or other direct evidence, a rational juror could find that Harris possessed, actively or constructively, one or both of the firearms.

Section 922(g)(1)’s knowing possession element can be satisfied by evidence of constructive possession of a firearm.

United States v. Green · filed 2011-12-09(g)(1)

The record contains sufficient evidence of Green’s knowing possession of a firearm, and upholding the jury verdict on this count does not result in a “manifest miscarriage of justice.”

Under § 922(g)(1) and (3), evidence of access to firearms and knowledge of a nearby shotgun can support a finding of constructive possession.

United States v. Augustine · filed 2011-12-09(g)(1), (g)(3)

The only contested element of the charged offense is whether Augustine constructively possessed a firearm or ammunition. ... Based on this evidence and the inferences it supports, we cannot say that the jury's verdict lacked support beyond a reasonable doubt.

Section 922(g)(5) requires proof that the defendant possessed a firearm; circumstantial evidence can establish constructive possession.

United States v. Perez · filed 2011-12-13(g)(5)

To sustain a conviction under both 18 U.S.C. §§ 924(c) and 922(g)(5), the government must prove that Perez "possessed" a firearm. ... Here, sufficient evidence exists in the record that Perez "possessed" the .22 caliber rifle.

Section 922(g)(1) permits the government to prove firearm possession through either actual or constructive possession.

United States v. Villasenor · filed 2011-12-23(g)(1)

To satisfy the possession requirement in 18 U.S.C. § 922(g)(1), the government may prove either actual or constructive possession.

Section 922(g)’s possession element can be satisfied by constructive possession when the defendant exercises ownership, dominion, or control over the firearm.

United States v. Tavaris Lamon Body · filed 2012-01-05(g)

Possession can either be actual or constructive. To show constructive possession, the government must establish that the defendant “exercised ownership, dominion, or control over the firearm.”

Section 922(g)(1)'s possession element can be satisfied by constructive possession when the defendant maintains dominion and control over the firearm.

United States v. Antonio Marcellus Johnson, AKA Antonio Doggett · filed 2012-01-09(g)(1)

Johnson argues that the two remaining felon-in-possession counts (Count Three and Count Five) are not supported by the evidence. Again, he challenges the possession element of these charges. As noted above, firearm possession can be shown by constructive possession, so long as the juror could reasonably infer that the defendant maintained dominion and control over the weapon.

Section 922(g)(1) permits a felon in possession conviction based on constructive possession when the defendant controls the firearm or the vehicle concealing it.

United States v. Latrezz L. Singleton · filed 2012-01-19(g)(1)

To establish constructive possession, the government must show that the defendant exercised ownership, dominion, or control over the firearm itself or the vehicle concealing the firearm. ... Based on this testimony, a reasonable jury could have concluded that Singleton had constructive possession of the gun.

Section 922(g)(1) permits a conviction based on constructive possession of a firearm or ammunition.

United States v. Lynch · filed 2012-01-30(g)(1)

A § 922(g)(1) conviction may be based on either actual or constructive possession. ... In light of the substantial evidence, including the location in which the firearm and ammunition were discovered and their proximity to Lynch‘s other belongings, a reasonable jury could find beyond a reasonable doubt that Lynch constructively possessed them.

Section 922(g)(1) covers constructive possession when a defendant has the power and intention to control a firearm.

United States v. Gonzalez · filed 2012-03-20(g)(1)

To establish constructive possession, the government was required to prove that Gonzalez had “the power and intention to exercise dominion and control” of the firearm. ... This requirement was satisfied by evidence that Gonzalez, one of two designated “shooters” for the planned robbery, Tr. 647, exercised control over the weapon by instructing a co-defendant to place it in the vehicle in which Gonzalez traveled to the scene of the crime.

Section 922(g)(1)'s possession element can be proved through circumstantial evidence that a defendant knew of and exercised control over a firearm or ammunition.

United States v. Lawhorn · filed 2012-03-26(g)(1)

Here, viewing all of the evidence in the light most favorable to the prosecution, we conclude that a rational trier of fact could have found beyond a reasonable doubt that Lawhorn constructively possessed the firearm and ammunition.

Section 922(g)(1)’s possession element can be satisfied by joint constructive possession of a firearm.

United States v. Thompson · filed 2012-04-16(g)(1)

On this record, there was ample evidence for a reasonable factfinder to conclude beyond a reasonable doubt that Thompson knowingly possessed the weapon. Even if Thompson possessed the gun in conjunction with Walker, he would still be guilty of joint constructive possession of the weapon.

Section 922(g)(1)'s possession element can be satisfied by joint possession of a firearm when the evidence supports that finding.

United States v. Hunley · filed 2012-04-17(g)(1)

The government adduced sufficient evidence at trial from which a reasonable jury could conclude that Wilson and Hunley exercised joint possession over the firearm and the drugs.

Section 922(g)(1) covers a felon’s constructive possession of a firearm when the evidence supports a finding that he knew of it and exercised dominion and control over it.

United States v. Hill · filed 2012-04-19(g)(1)

Having carefully reviewed the record, we think it is too much of a stretch to argue the jury could not reasonably conclude from the evidence that Hill constructively possessed the gun.

Section 922(g) permits conviction based on constructive possession of a firearm; proof of actual possession is unnecessary.

United States v. Hill · filed 2012-05-04(g)

To convict Hill of violating § 922(g), the Government need not produce evidence of actual possession; constructive possession is sufficient.

Section 922(g)(1) permits a felon-in-possession conviction based on constructive or joint possession; actual or exclusive possession is unnecessary.

United States v. Broadnax · filed 2012-06-12(g)(1)

In addition, in order to prove possession under 18 U.S.C. § 922(g), the government need not prove “actual or exclusive possession, [rather] constructive or joint possession is sufficient.” United States v. Gallimore, 247 F.3d 134, 136-37 (4th Cir. 2001) (citation omitted).

Section 922(g)(1) allows constructive possession to be proved by evidence supporting a plausible inference that the defendant knew of and had access to the firearm.

United States v. Mudd · filed 2012-06-20(g)(1)

Under our deferential review of jury verdicts in cases where knowing possession of contraband is disputed, all that is required to sustain a jury verdict is evidence supporting at least a plausible inference that the defendant had knowledge of and access to the weapon or contraband.

Section 922(g)'s possession element is satisfied when a person knowingly drives a vehicle containing a firearm, establishing constructive possession.

United States v. Jeroba Wright · filed 2012-06-27(g)

The only contested element of the felon in possession charge was whether Wright knowingly possessed the firearm, either constructively or actually. ... It is uncontested, however, that Wright drove the vehicle with knowledge that the firearm was present in the vehicle with him. This is sufficient to establish his constructive possession of the firearm.

Section 922(g)(1) does not prohibit a felon from living in a home with lawfully present firearms; possession requires more than access to them.

United States v. Griffin · filed 2012-07-05(g)(1)

Neither the felon-in-possession statute nor the terms of Griffin’s conditional release prohibited him from living in a home where firearms were otherwise lawfully pres- ent. Both prohibit only his possession of firearms and ammunition.

Section 922(g)(1)’s possession element can be proved by circumstantial evidence showing that the defendant had the power and intention to control a firearm.

United States v. Howard · filed 2012-07-17(g)(1)

Although Howard's contentions are all true, there was nonetheless enough circumstantial evidence to permit a rational juror to conclude that Howard possessed - that is, had the power and intention to exercise dominion and control over - the gun and drugs.

Section 922(g)(1) does not support a constructive-possession instruction based on a separate, unindicted event when there is no evidence of constructive possession on the charged date.

United States v. Houston · filed 2012-07-18(g)(1)

Examining the constructive possession instruction, then, we conclude it was improperly given and confusing to the jury because there was no evidence of constructive possession on August 15.

Section 922(g)(1)’s possession element can be satisfied by constructive possession, which requires the power and intention to take control of the firearm; mere presence or awareness of its location is insufficient.

United States v. Miller · filed 2012-08-08(g)(1)

Likewise, the district court’s instruction that the defendant must have had an “intention to take control” of the firearm necessarily includes the idea that the defendant must have had “knowledge of the thing.” Further, the requirement that there be an “intention to take control” precludes a finding of guilt based on “[m]ere presence” or the mere “awareness of [the firearm’s] location.”

Section 922(g)(1) permits proof of constructive possession when a defendant has dominion over the premises where a firearm is found.

United States v. Montgomery · filed 2012-08-09(g)(1)

Under 18 U.S.C. § 922(g)(1), “constructive possession may be proven if the defendant merely had dominion over the premises where the firearm is located.” ... Thus, there is ample evidence that Montgomery exercised the requisite dominion and control over the firearms found in the house in which he was, at the time of arrest, the sole occupant.

Section 922(g)(1)'s knowing-possession element can be proved by constructive possession through direct or circumstantial evidence.

United States v. Brown · filed 2012-08-15(g)(1)

The government “need not prove actual possession in order to establish knowing possession; it need only show constructive possession through direct or circumstantial evidence.”

Section 922(g)(1)’s possession element can be established through constructive possession without fingerprint evidence.

United States v. Gonzalez-Arenas · filed 2012-09-18(g)(1)

One detective testified that he found a gun in a bedroom. Gonzalez-Arenas’s ex-girlfriend testified that he traded some crack for the gun, had acquired it for protection, and kept it under the bed. Another witness testified that Gonzalez-Arenas said he was storing the gun for a friend. This is sufficient to establish constructive possession, even without fingerprint evidence, which Gonzalez-Arenas points out was lacking.

Section 922(g)(1)'s firearm-possession element can be satisfied by proof of constructive possession.

United States v. Snard · filed 2012-09-21(g)(1)

knowingly possessing a firearm as a convicted felon in violation of 18 U.S.C. § 922(g)(1). ... Finally, there was ample evidence from which a jury could find both that Snard constructively possessed the drugs and the gun and that the gun was possessed in furtherance of the drug-trafficking offense.

A felon can violate § 922(g)(1) by constructively possessing firearms or ammunition.

United States v. Lemuel Small · filed 2012-10-12(g)(1)

Mr. Small testified at trial that both Mr. Small and Ms. Small stored possessions in the bedroom closet. Accordingly, there was sufficient evidence for a rational jury to convict Ms. Small of constructive possession of firearms and ammunition.

Section 922(g)(1)’s knowing-possession element can be satisfied by constructive possession of a firearm.

United States v. Cintron · filed 2012-10-17(g)(1)

Even if, as Cintron claims, he did not know that he had the gun in his carry-on baggage and instead had intended to place the gun in his checked bag, that evidence established that he had constructive possession of the gun at the airport.

Section 922(g)(1) allows knowing possession to be proved through dominion over a residence even if the defendant does not own it.

United States v. Robbie Fetters · filed 2012-10-23(g)(1)

But ownership is not required to prove dominion. ... It was not unreasonable for the jury to conclude Fetters knowingly possessed the .22 and ammunition.

Section 922(g)(1) permits a felon-in-possession conviction based on constructive possession when the evidence links the defendant to the firearm.

United States v. Sauls · filed 2012-10-26(g)(1)

A conviction under § 922(g)(1) requires proof that a defendant who had previously been convicted of an offense punishable by a prison term in excess of one year later knowingly possessed a firearm that was in or affected interstate commerce. ... Because the rifle was very near Sauls’s important personal papers and concealed cash and in the same room as a significant amount of cocaine base, there was substantial evidence that Sauls constructively ... possessed the rifle.

Section 922(g)(5)(A) firearm possession can be proved by constructive possession when the defendant agreed to provide the gun and coordinated its use.

United States v. Teran · filed 2012-11-01(g)(5)(A)

Sandoval testified that he overheard Teran agreeing to provide the gun. Further, a jury could infer Teran had constructive possession of the gun, as he coordinated the murder-for-hire scheme.

Section 922(g)(1) permits a felon-in-possession conviction based on constructive possession of a firearm.

United States v. Gunter · filed 2012-11-05(g)(1)

The government also introduced sufficient evidence to support Gunter’s convictions under § 922(g)(1) and § 5861(d). ... Thus, a rational trier of fact could conclude beyond a reasonable doubt that Gunter had constructive possession of the firearm.

Section 922(g)(1) permits a felon-in-possession conviction based on constructive possession of a firearm, which may be shown through control over the firearm or the item concealing it.

United States v. Lawrence Berry, Jr. · filed 2012-11-13(g)(1)

The proximity of Berry’s personal items to the rifle and the drug paraphernalia was sufficient to persuade a rational trier of fact that Berry was guilty of possession of a firearm in furtherance of a drug trafficking crime and of being a felon in possession of a firearm.

Section 922(g)(1)’s possession element can be satisfied by constructive possession, but the defendant must know the firearm is present.

United States v. Martin · filed 2012-11-26(g)(1)

Instruction No. 10 contained no such modification, and the jury instructions as a whole adequately informed the jury that Martin had to know that the firearms were in his house to constructively possess them.

Section 922(g)(1) allows ammunition possession to be proved through constructive possession, including control of the vehicle where the ammunition is found.

United States v. Lawing · filed 2012-12-31(g)(1)

The government, however, has shown the necessary connection by proving that Lawing was both the owner and driver of the car in which the ammunition was found and by showing that his identification card was beneath the ammunition.

Section 922(g)(1) covers a convicted felon’s constructive possession of a firearm.

United States v. Jeff Junior Holland · filed 2013-01-08(g)(1)

Next, 18 U.S.C. § 922(g)(1) makes it a crime for a convicted felon to possess any firearm that in any manner affects interstate commerce. The law recognizes several kinds of possession, including actual possession, constructive possession, and joint possession. ... Based on these facts, the jury reasonably inferred that Holland constructively possessed the .40-caliber pistol found in the bush near the warehouse.

Section 922(g) permits a felon-in-possession conviction based on actual or constructive possession of a firearm.

United States v. Curruthers · filed 2013-01-10(g)

A defendant may be convicted under 18 U.S.C. § 922(g) based on either actual or constructive possession of a firearm.

Section 922(g)(1)’s possession element is satisfied when the evidence supports a finding that the defendant picked up a firearm and tossed it into a vehicle.

United States v. Welch · filed 2013-01-23(g)(1)

Such a finding is sufficient to establish the element of constructive possession necessary for a conviction under § 922(g)(1).

Section 922(g)(1) allows a felon-in-possession conviction based on constructive possession when the evidence supports an inference that the defendant knew of and could access the firearm.

United States v. Sedillo · filed 2013-01-31(g)(1)

Possession of a firearm under § 922(g)(1) can be actual or constructive. ... In this light, we find sufficient evidence to support the jury’s finding of constructive possession.

Section 922(g)(1)’s possession element may be satisfied by actual or constructive possession.

United States v. Virgil Smoot, III · filed 2013-02-13(g)(1)

Possession under 18 U.S.C. § 922(g)(1) may be either actual or constructive.

Section 922(g)(1) does not require exclusive possession of a firearm; another person's possible joint possession does not negate the defendant's possession.

United States v. Bicket · filed 2013-01-30(g)(1)

The district court correctly determined the question posed to the pickup driver about his DNA was irrelevant because the presence of the driver's DNA on the firearms would have only shown the possibility of joint possession, but would not have negated the government's overwhelming proof of Bicket's own possession.

Section 922(g)(1) requires proof of possession; mere presence near a gun does not establish constructive possession.

United States v. Khawaja · filed 2013-02-01(g)(1)

The fact that he was present in the store with the guns is not enough to establish constructive possession.

Section 922(g)(1)’s possession element can be proved by circumstantial evidence that a felon knowingly had the power and intent to control a firearm.

United States v. Braswell · filed 2013-03-05(g)(1)

After reviewing the trial record, we conclude that any rational trier of fact could have found that Braswell constructively possessed the handgun in violation of 18 U.S.C. § 922 (g)(1).

Section 922(g)(1)’s firearm-possession element can be satisfied by constructive possession of a gun.

United States v. Wilcher · filed 2013-03-13(g)(1)

This evidence, taken together, constituted sufficient evidence that Wilcher had constructive, if not actual, possession of the gun.

Section 922(g) permits a felon-in-possession conviction based on constructive possession of a firearm.

United States v. Hall · filed 2013-03-20(g)

To sustain a conviction for being a felon in possession of firearms, constructive possession is sufficient.

Section 922(g)(1) permits a felon-in-possession conviction based on constructive possession of a firearm, shown by dominion and control over it.

United States v. Baird · filed 2013-03-27(g)(1)

This evidence allowed the jury to reasonably infer that Baird exercised dominion and control over the firearms in 2008, when he removed them from his father, in 2009 or 2010, when he moved them to the basement, and in 2010, when he offered to sell the firearms to Matthew Edwards.

Section 922(g)(1) permits proof that a felon constructively possessed a firearm; actual possession is not required.

United States v. Rivera · filed 2013-04-26(g)(1)

The Government is not required to prove actual possession for purposes of §§ 922(g) and 924(c), but may instead prove “constructive possession.”

Section 922(g)(1)’s possession element can be satisfied by constructive possession when a defendant has the power and intention to take control of a firearm.

United States v. Mathis · filed 2013-05-17(g)(1)

Based on the evidence, a reasonable jury could conclude that Mathis had constructive possession of the firearm, as he had the power to take control of the firearm and intended to use it, if necessary, to protect the drugs.

Knowing possession under § 922(g)(1) and (k) may be proved by constructive possession when a person knowingly has the power and intent to control a firearm.

United States v. Williams · filed 2013-05-17(g)(1), (k)

Knowing possession of a firearm may be proved through either actual or constructive possession. ... The totality of this evidence easily supports an inference that the defendant was in constructive possession of the guns.

Section 922(g) covers constructive possession when a defendant knowingly has the power and intent to control a firearm or ammunition.

United States v. Dajuan Wren · filed 2013-06-11(g)

Sufficient evidence allowed the jurors to find that Wren knowingly had the power and intent to exercise dominion and control over the ammunition and the Glock 9mm.

Sections 922(j) and 922(g) allow convictions based on constructive possession; proof of actual possession is unnecessary.

United States v. Nichols · filed 2013-06-18(j), (g)

To convict Nichols for possessing stolen firearms, in violation of 18 U.S.C. § 922(j), and possessing firearms as a convicted felon, in violation of 18 U.S.C. § 922(g), the Government did not need to produce evidence of actual possession.

Section 922 firearm possession offenses may be proved through actual or constructive possession; constructive possession requires knowledge of and access to the firearm and intent to control it.

United States v. Roberts · filed 2013-06-24(g)

A defendant may be convicted of unlawful firearm possession under 18 U.S.C. § 922 based on either actual or constructive possession of a firearm.

Section 922(g)(1)’s possession element can be proved by constructive possession when a defendant knows a firearm is in a vehicle he owns and controls.

United States v. Person · filed 2013-06-27(g)(1)

Because the evidence demonstrated that Person exercised ownership, dominion, and control over the vehicle in which the firearm was concealed, the jury reasonably could have inferred that he constructively possessed that firearm.

Section 922(g)(5) prohibits an alien unlawfully in the United States from knowingly possessing a firearm in or affecting interstate commerce, and constructive possession can satisfy the possession element.

United States v. Pineda-Pineda · filed 2013-07-08(g)(5)

Based on the evidence, a rational juror could reasonably conclude Pineda knowingly and constructively possessed the firearm, sufficient to support his conviction pursuant to 18 U.S.C. § 922(g)(5).

Section 922(g)(5)’s possession element may be proved by evidence that the defendant knew of and constructively possessed the firearms and ammunition.

United States v. Hernandez-Lizardi · filed 2013-07-23(g)(5)

The prosecution presented ample evidence of Hernandez-Lizardi’s knowledge of the firearms and ammunition found in the pickup as well as his constructive possession of them.

Section 922(g)(1)’s possession element can be proved by proximity to a gun coupled with conduct showing knowledge of and intent to control it.

United States v. Terrance Walker · filed 2013-08-20(g)(1)

These “additional” facts, coupled to Walker’s proximity to the weapon, were sufficient to establish possession of the firearm.

Evidence that a firearm was beside a defendant’s bed in a room he occupied exclusively, with compatible ammunition nearby and his fingerprints on ammunition packaging, can support a finding of constructive possession under § 922(g)(1).

United States v. Morales · filed 2013-08-21(g)(1)

However, the firearm - which contained a loaded magazine - was found next to Morales's bed, in a room he occupied exclusively. In a bedside dresser, police officers found two boxes and a Ziploc bag full of ammunition compatible with the firearm; in his closet, they found another loaded magazine compatible with the firearm and a copy of a bill of sale matching the firearm. Morales's fingerprints were on the Ziploc bag and one of the boxes of ammunition. "[U]nder the highly deferential standard of review there was sufficient evidence to sustain the verdict."

Section 922(g)(5)(A)’s knowing possession element can be satisfied by constructive possession of ammunition: knowledge of the ammunition and the power and intent to control it.

United States v. Cedeño-Mariano · filed 2013-09-23(g)(5)(A)

By proving that a defendant was in constructive possession of ammunition, the government establishes the “knowing possession” element. ... Accordingly, he also had an intent to exercise dominion and control over the ammunition if needed, and all elements of constructive possession of the ammunition were proven against him.

Section 922(g)(1)’s possession element can be proved by a substantial connection to firearms or sole control of the area where they are found.

United States v. Davis · filed 2013-10-25(g)(1)

Both charges required proof of possession, which the government could prove by showing that Davis had a “substantial connection” to the guns and body armor or that he alone controlled the areas of the residence where they were found. ... The jury easily could have inferred from this that Davis had exclusive control over the residence and thus possessed the firearms and body armor found inside.

Section 922(g)(1) permits a felon’s firearm possession to be established through constructive possession.

United States v. Felton · filed 2013-11-04(g)(1)

Accordingly, we conclude that the evidence was sufficient to show that Felton had constructive possession of the firearm.

Section 922(g)(1) permits a felon-in-possession conviction based on constructive or joint possession of a firearm.

United States v. Franklin · filed 2013-11-06(g)(1)

Proof of actual or exclusive possession was not required, because a conviction may be obtained on the basis of constructive or joint possession.

Section 922(g)(5) firearm possession may be constructive; in a jointly occupied place, evidence of knowledge of and access to a firearm can establish possession.

United States v. Carranza · filed 2013-12-17(g)(5)

In joint occupancy cases, constructive possession of a firearm may be established by evidence that the defendant had access to and knowledge of the firearm. ... Based on this evidence, we conclude that the record was not “devoid of evidence” that would allow a plausible inference that Ibarra had knowledge of and access to these firearms.

Section 922(g)(1)’s possession element can be satisfied by constructive possession when a defendant acquires ownership of a gun by writing a check for it.

United States v. Riser · filed 2013-12-17(g)(1)

Alternatively, the jury could have reasonably concluded that Riser constructively possessed the gun because he acquired ownership of it when he wrote a check for it.

Section 922(g)(1)’s possession element can be satisfied by evidence that a defendant knew of and constructively possessed a firearm or ammunition.

United States v. Hiley · filed 2014-01-06(g)(1)

Given that Hiley had a key to the motel room and that his belongings were the only personal effects found inside, there was sufficient evidence to support the jury’s conclusion that he knew of, and therefore constructively possessed, the narcotics, ammunition, and firearm found in room 224.

Section 922(g)(1)'s possession element can be proved by showing that the defendant controlled the place where the firearm was found.

United States v. Goodrich · filed 2014-01-09(g)(1)

"Constructive possession is established by proof that the defendant had control over the place where the firearm was located, or control, ownership, or dominion of the firearm itself." ... Upon review, we hold that the government presented sufficient proof that Goodrich controlled and dwelled in the house. Goodrich admitted that he rented and lived in the house, utility bills found in the mailbox were in his name, and he possessed keys to the house. Such evidence suffices to show that he had dominion and control over the premises.

For a § 922(g)(5) firearm-possession conviction, knowledge of and access to firearms in a jointly occupied house can support an inference of constructive possession.

United States v. Carranza · filed 2014-01-20(g)(5)

Based on this evidence, we conclude that the record was not “devoid of evidence” that would allow a plausible inference that Ibarra had knowledge of and access to these firearms.

Section 922(g)(1) permits a felon-in-possession conviction when the defendant constructively possesses a firearm by exercising dominion and control over it.

United States v. Thomas · filed 2014-02-03(g)(1)

The district court did not err in denying Thomas’s motion for a judgment of acquittal on his drug and firearm charges, because the evidence demonstrates he constructively possessed the contraband. When Thomas took the bag from Barr, he looked inside it and then placed the bag between his feet on the floor of the car. Thereby, he maintained dominion and control over the drugs and gun.

A jury may infer possession of firearms under § 922(g) from evidence that the defendant lived in the home where they were found.

United States v. Herron · filed 2014-02-05(g)

The jury could easily infer that 512 Greenwood was Herron’s home and that Herron was in possession of all of the drugs and guns found there. For the same reasons, Herron’s claim that there was insufficient evidence to sustain the verdict fails.

Section 922(g)(1) permits a felon-in-possession conviction based on constructive possession of a firearm.

United States v. Howard · filed 2014-02-19(g)(1)

The evidence at trial showed that the firearm was found in the glove compartment of Howard’s car along with a copy of his tag receipt, that he had been in the driver’s seat just before the search, and that he had a prior conviction for possession of a firearm. That evidence was sufficient to establish constructive possession of the pistol and convict Howard of the § 922(g)(1) crime.

Section 922(g)(1)’s possession element can be proved by showing that the defendant knew of the firearm and had the ability and intent to control it.

United States v. Jackson · filed 2014-03-10(g)(1)

As to the handgun, it was found in plain view on the center console of the vehicle, so a reasonable trier of fact could infer Jackson was aware of the gun. Regardless of which seat Jackson actually occupied in the car, he would have been able to easily reach the gun, so he had access to it. Finally, because Jackson told Detective Vahey he had “held” that gun because of an “issue” he was having with somebody, a reasonable fact finder could have concluded Jackson had intent to exercise dominion and control over the firearm, and therefore constructively possessed it.

Section 922(g) permits a felon-in-possession conviction based on knowing constructive possession of a firearm.

United States v. Burnett · filed 2014-03-10(g)

Although the house was jointly occupied, the evidence showed that Burnett occupied and had dominion and control over the bedroom in which the firearm was found. The firearm was in plain view on the same television stand with two documents addressed to Burnett at the house. The evidence was sufficient for a reasonable jury to find beyond a reasonable doubt that Burnett knowingly constructively possessed the firearm.

Section 922(g)(1)'s possession element may be proved by actual or constructive possession of a firearm.

United States v. Fritts · filed 2014-02-27(g)(1)

The element of possession may be proven with evidence of actual or constructive possession. ... Viewing the evidence in the light most favorable to the Government, a rational trier of fact could conclude, beyond a reasonable doubt, that Fritts constructively and actually possessed the firearm in question.

Section 922(g)(1) allows constructive possession to support a conviction when a person has the power and intention to control a firearm; proximity to it or association with its owner alone is insufficient.

United States v. Barner · filed 2014-03-31(g)(1)

Barner’s proposed instruction, however, was unnecessary in context here: the district court made clear in its instruction regarding possession that, even for purposes of constructive possession, a person must have “both the power and intention at a given time to exercise dominion or control over a thing, either directly or through another person or persons.” This instruction properly precluded the jury from finding possession simply by virtue of Barner’s proximity to the weapons or association with others who controlled them.

Section 922(g)(1)’s knowing-possession element can be proved by evidence that a defendant knew of and could access ammunition in a jointly occupied vehicle.

United States v. Exom · filed 2014-04-30(g)(1)

A conviction under 18 U.S.C. § 922(g)(1) requires proof beyond a reasonable doubt that (1) the defendant is a convicted felon, (2) the defendant knowingly possessed a firearm or ammunition, and (3) the possession was in or affecting interstate commerce. ... Based on the evidence of Exom’s movements before the traffic stop and his proximity to the ammunition, a reasonable jury could conclude beyond a reasonable doubt that Exom knowingly possessed the ammunition.

Section 922(g)(1) requires knowing possession; constructive possession requires the ability and intent to take control of a firearm, which mere association with its possessor does not establish.

United States v. Andrews · filed 2014-05-06(g)(1)

However, the court’s given instruction adequately covered the substance of Andrews’s proposed instruction because the instruction expressly required that a person have both the power to possess a firearm and the intention to take control over it later.

Section 922(g)(1) permits a finding of constructive possession when the defendant knows of the firearm and has the power and intention to control it.

United States v. Wiltshire · filed 2014-06-03(g)(1)

We disagree, and think it clear that the model jury instruction used by the District Court conveyed all of the required elements necessary to prove constructive possession: knowledge, and dominion and control.

Section 922(g)(1)'s possession element can be satisfied by constructive or joint possession; ownership of the firearm is unnecessary.

United States v. O'Neal · filed 2014-06-04(g)(1)

“[P]roof of actual or exclusive possession [is not necessary]; constructive or joint possession is sufficient.” ... Because the weapons were found in or near a garage on O’Neal’s property, we reject O’Neal’s claim.

Section 922(g)(1) allows firearm possession to be proved by showing that a felon controlled the premises or vehicle where the firearms were found.

United States v. Albritton · filed 2014-09-05(g)(1)

Because the government introduced ample testimony that Albritton had dominion and control over the trailer and vehicle in which the firearms were located, we conclude that there was sufficient evidence to support the jury’s finding that Albritton possessed the firearms.

Section 922(g)(1) allows firearm possession to be proved through actual or constructive possession.

United States v. Schmitt · filed 2014-10-20(g)(1)

For the purposes of 18 U.S.C. § 922(g)(1), possession can be actual or constructive.

Section 922(g)(1) permits conviction based on possession of either a firearm or ammunition; in a joint occupancy case, the government must show a nexus between the defendant and the item.

United States v. Palmer · filed 2014-10-30(g)(1)

To uphold the conviction, it is sufficient if there is a nexus with regard to either the firearm or the ammunition; the government is not required to show both.

Section 922(g)(5)(A) permits a conviction based on knowing constructive possession of a firearm or ammunition, including possession established through control of the room where it is found.

United States v. Guadarrama · filed 2014-11-13(g)(5)(A)

Possession under the statute “may be either actual or constructive and it need not be exclusive but may be joint.” ... Given this evidence, the record was not completely devoid of evidence pointing to Guadarrama’s constructive possession of the firearms and ammunition.

Section 922(g)(1) permits a felon-in-possession conviction based on constructive possession, which requires knowledge of the firearm.

United States v. Davis · filed 2014-12-09(g)(1)

Thus, even absent Defendant’s statement to Officer Omiecinski, the evidence is quite sufficient to sustain his conviction for possessing firearms in violation of 18 U.S.C. § 922(g)(1). ... To establish Defendant’s constructive possession of the firearms inside the residence, he must have had knowledge of those firearms.

Under § 922(g), a driver who knows a firearm is in the vehicle can constructively possess it without touching it.

United States v. Booker · filed 2014-12-19(g)

If he knew a firearm was in the car, he was not entitled to an instruction that his mere presence as the driver “is not enough to establish constructive possession,” even if he did not touch the firearm.

Section 922(g)(1) prohibits a felon from constructively possessing guns, even when someone else owns them.

United States v. Denson · filed 2014-12-30(g)(1)

But a felon violates federal law not only by owning guns but also by actually or constructively possessing them. And a felon ... constructively possesses guns if he “knowingly holds the power to exercise dominion or control over” them, even if the weapons formally belong to someone else.

Section 922(g)(1) permits a finding of constructive possession when evidence connects the defendant to the firearm and supports an inference that he intended to control it.

United States v. Webster · filed 2015-01-05(g)(1)

That connection to the drug business provides a motive for the possession of the guns, which along with the evidence that the bedroom was Webster’s and the proximity of the gun to the drugs, is sufficient to distinguish him from an innocent bystander and establish the nexus required for constructive possession.

Section 922(g)(5)’s possession element can be satisfied by actual or constructive possession of a firearm.

United States v. Villa-Rodriguez · filed 2015-01-14(g)(5)

A conviction under § 922(g) “may be based on actual or constructive possession of a firearm.”

Section 922(g)(1)’s possession element can be established by evidence that the defendant knew a firearm was present and had control over it.

United States v. Harris · filed 2015-02-06(g)(1)

This evidence was sufficient for a rational jury to conclude beyond a reasonable doubt that Harris knew about at least one of the guns and therefore had possession.

Section 922(g) requires proof of possession; shared possession of premises, without more, does not establish constructive possession of ammunition found there.

United States v. Crumpton · filed 2015-02-12(g)

Evidence that the ammunition was recovered from a structure over which Defendant shared possession with several other people, without more, is insufficient to prove that Defendant had constructive possession of the ammunition.

Section 922(g)(1) permits proof of firearm possession through a defendant’s dominion over the premises where the firearm is located or control over the firearm itself.

United States v. Riles · filed 2015-02-20(g)(1)

This evidence, construed in the light most favorable to the verdict, proves that Riles exercised control and dominion over both the apartment and the firearms, and thus, a reasonable jury could find Riles constructively possessed the firearms.

Section 922(g)(1)’s knowing-possession element can be proved by constructive possession of a firearm through control over the place where it is found.

United States v. Michael Renard Albury, Jr. · filed 2015-04-09(g)(1)

And to prove a defendant violated 18 U.S.C. § 922(g)(1), “the government must show that (1) he or she knowingly possessed a firearm or ammunition, (2) he or she was previously convicted of an offense punishable by a term of imprisonment exceeding one year, and (3) the firearm or ammunition was in or affecting interstate commerce.” ... We cannot say that no reasonable construction of the evidence would allow the jury to find that Albury exercised dominion and control over both rooms, knew of the contraband within them, and thereby constructively possessed that contraband.

Section 922(g)(1) allows a firearm conviction based on constructive possession when a person intentionally exercises, or has the power and intent to exercise, dominion and control over the firearm.

United States v. Walker · filed 2015-04-29(g)(1)

The government provided sufficient evidence aside from the statements “to establish constructive possession under § 922(g)(1)” because a reasonable jury could find beyond a reasonable doubt that he “intentionally exercised dominion and control over the firearm, or had the power and the intention to exercise dominion and control over the firearm.”

Section 922(g)(1)’s knowing-possession element may be proved by actual or constructive possession, including control, ownership, or dominion over the firearm.

United States v. Roberts · filed 2015-06-04(g)(1)

The knowing-possession element is met by showing either actual or constructive possession. ... “Constructive possession requires that the defendant has dominion over the premises where the firearm is located, or control, ownership, or dominion over the firearm itself.” ... But viewing the evidence in the light most favorable to the verdict, there was more than enough evidence to show that Roberts exercised control, ownership, or dominion over the handgun.

Section 922(g)(1) allows constructive possession to satisfy its firearm possession element when a convicted felon has the power and intent to control a firearm.

United States v. Hodges · filed 2015-07-29(g)(1)

To convict a defendant for possession of firearms by a convicted felon, the government must prove (1) the defendant was a convicted felon (2) who knowingly actually or constructively possessed a firearm (3) that was in or affected interstate commerce. ... Because the bullets and ammunition box found in the bedroom matched the calibers of three of the four ... guns found in Hodges’ backyard, a reasonable jury could infer Hodges had the power and intent to exercise control over those guns and therefore constructively possessed the guns. ... The district court did not err in denying Hodges’ renewed motion for judgment of acquittal as to Count Two.

Section 922(g)(1) treats a felon's management of a firearm sale as constructive possession when he controls its disposition and delivery, even without handling the gun.

United States v. Jordan · filed 2015-08-06(g)(1)

Even though § 922(g)(1) uses the word possess rather than sell, Beason indicates that effecting the sale of an object can constitute constructive possession. The specific action of sale fits into the broader action of the planning of a firearm’s “disposition” and “[assuring] delivery either directly or through others.”

Section 922(g)(1)’s possession element can be satisfied by constructive possession of a firearm.

United States v. Smith · filed 2015-08-24(g)(1)

The possession element can be satisfied by showing constructive possession. ... There was evidence pointing to possession of both the heroin and the firearms, and there was therefore no manifest miscarriage of justice in Meeks’s convictions on Counts Nine and Ten.

Section 922(g)(1)’s possession element can be proved by showing that the defendant knew of the firearm and had the power and intent to control it.

United States v. Odom · filed 2015-09-30(g)(1)

In the case at bar, there is sufficient evidence to support a finding by the jury that Odom had constructive possession of the firearm.

Section 922(g)(1)’s knowing possession element can be satisfied by constructive possession of a firearm.

United States v. Elvin Dempsey, Jr. · filed 2015-10-09(g)(1)

We disagree and hold that the jury rationally could have found Dempsey in constructive possession of the firearm.

Section 922(g)(1) covers a felon’s constructive possession of a firearm and ammunition in a vehicle under the felon’s control.

United States v. Glen Stewart, Jr. · filed 2015-10-13(g)(1)

Taken in the light most favorable to the prosecution, we find ample record support for the jury’s finding that Stewart constructively possessed the firearm and ammunition found in the vehicle on the night in question.

Section 922(g)(1) requires evidence beyond shared occupancy to prove constructive possession of concealed ammunition in a jointly occupied room.

United States v. Boyd · filed 2015-10-20(g)(1)

These cases are therefore consistent with the notion that when the defendant shares the room containing the concealed contraband, the government must present additional evidence of constructive possession.

Section 922(g)(1)’s possession element can be satisfied by constructive possession of ammunition found near the defendant’s belongings.

United States v. Fox · filed 2015-10-26(g)(1)

The evidence was sufficient to support Fox’s conviction. The government was required to prove that Fox constructively possessed the ammunition. ... In this case, over 1,450 rounds of ammunition were found in Fox’s bedroom in close proximity to many of his personal possessions. Thus, the evidence is sufficient to support a rational jury’s finding that Fox constructively possessed the ammunition beyond a reasonable doubt.

Section 922(g)(1) permits an inference of constructive possession from control of the premises, but control of the premises alone cannot establish possession of the firearm.

United States v. Gibson · filed 2015-11-19(g)(1)

Gibson’s argument that the instruction allowed the jury to convict him for constructive possession of the handgun based solely on his control of the premises fails.

Section 922(g) permits a firearm possession conviction based on constructive possession when the defendant has the power and intention to control the firearm.

United States v. Spruill · filed 2015-12-16(g)

This evidence provided a sufficient basis for a rational trier of fact to find beyond a reasonable doubt that Spruill had the “power and intention to exercise dominion and control over” the firearms found in the attic.

Section 922(g)(1) permits a felon in possession conviction based on constructive possession of a firearm.

United States v. Bedenfield · filed 2015-12-17(g)(1)

The evidence shows beyond reasonable, doubt that Bedenfield constructively possessed the five recovered guns recovered from the trash can in the north shed.