18 U.S.C. § 922

Section 922(g)(1)’s possession element can be satisfied by constructive possession when the defendant knows of the firearm and can exercise dominion and control over it.

United States v. Elliott · filed 2015-12-18(g)(1)

To establish constructive possession, the government must prove that Elliott “knew of, and was in a position to exercise dominion and control over,” the firearm. ... Viewing the trial evidence in the light most favorable to the government, a rational jury could have concluded that Elliott constructively possessed the firearm seized during his arrest.

Section 922(g)(1)’s possession element can be satisfied by constructive possession when the evidence permits a jury to find that the defendant intended to control the firearm.

United States v. Cannon · filed 2016-01-11(g)(1)

Together this evidence permitted a reasonable jury to find that Cannon had constructive possession of the gun and, indeed, was intent on exercising control over it by attempting to conceal it from the police.

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

United States v. Eason · filed 2016-02-17(g)

Possession of a firearm for the purposes of 18 U.S.C. § 922(g) may be either actual or constructive. ... We conclude that there was sufficient evidence to support the jury's finding that Eason knowingly possessed the gun.

Section 922(g)(1)’s possession element can be satisfied by constructive possession when evidence supports the defendant’s control over the firearm.

United States v. Taylor · filed 2016-03-15(g)(1)

We find that the district court did not abuse its discretion by giving the constructive possession instruction. The record provides factual support for the instruction. Given the possibility that someone other than Taylor threw the gun from the car, Taylor’s DNA and position in the car could suggest he nonetheless had control over the gun.

Section 922(g)(1)’s knowing possession element can be satisfied by constructive possession when a felon has dominion and control over a vehicle containing a firearm.

United States v. Ellis · filed 2016-03-18(g)(1)

Applying our highly deferential standard of review, we conclude that the evidence, viewed in the light most favorable to the verdict, was sufficient for a reasonable jury to conclude that Ellis maintained dominion and control over his vehicle and thus knowingly possessed the firearm recovered therefrom.

Section 922(g) permits a felon in possession conviction based on joint possession of a firearm, even if others also possessed it.

United States v. Rainone · filed 2016-03-14(g)

The joint possession instruction properly informed the jury that Rainone could still have pos- sessed the gun even if others had also possessed the firearm.

In a jointly occupied residence, constructive possession under § 922(g)(1) may be shown by evidence supporting a plausible inference that the defendant knew of and had access to the firearms or ammunition.

United States v. Aleman · filed 2016-03-24(g)(1)

In joint occupancy cases, we have held that constructive possession exists when there is some evidence to support a plausible inference that the defendant had knowledge of, and had access to, the items. ... Accordingly, there is sufficient evidence for the jury to have found that he constructively possessed the firearms and ammunition beyond a reasonable doubt.

Section 922(g)(1)’s possession element can be proved by constructive possession when incriminating statements connect the defendant to a nearby firearm.

United States v. Vichitvongsa · filed 2016-04-04(g)(1)

Here, and at a minimum, defendant constructively possessed a firearm. ... Most especially, defendant admitted to being caught with his gun, “my burner.” These circumstances stand on par with the “other incriminating evidence” in Arnold.

Section 922(g)(5)(A)’s firearm possession element can be proved through constructive possession by an alien unlawfully in the United States.

United States v. Singh · filed 2016-04-18(g)(5)(A)

Viewed in a light most favorable to the government, id., the evidence permits a rational trier of fact to find the elements of possession of a firearm by an illegal alien.

Section 922(g)(1)’s possession element can be satisfied by constructive possession shown through circumstantial evidence.

United States v. Thomas · filed 2016-04-21(g)(1)

A reasonable jury could infer from these facts that Defendant had constructive possession of the retrieved firearm.

Section 922(g)(1) permits a finding of constructive possession even when someone else owns the firearm.

United States v. Sammie Lee Underwood, III · filed 2016-05-25(g)(1)

Indeed, Coleman’s ownership of the gun would not preclude Underwood from constructively possessing the firearm, especially since Underwood’s conduct suggested he knew about the presence of the drugs and gun in the car.

Section 922(g)(1) permits a felon-in-possession conviction based on actual or constructive possession; mere presence near a firearm or awareness of its location is insufficient.

United States v. Clarke · filed 2016-06-06(g)(1)

The district court instructed the jury that Clarke could be convicted if he was in actual possession by exercising “direct physical control” of the firearm or if he was in constructive possession by having “both the power and the intention to take control over” the firearm. Those instructions informed the jury that Clarke’s “mere presence in the area of [a firearm] or awareness of its location [was] not sufficient to establish possession.”

Section 922(g)(1)'s possession element can be satisfied by constructive possession when the defendant knowingly buys firearms through another person.

United States v. Tyrell Grimes · filed 2016-06-14(g)(1)

The Government presented sufficient evidence to permit the jury to find beyond a reasonable doubt that Grimes knowingly possessed firearms and knew the machine gun was a machine gun and an automatic firearm.

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

United States v. McDonald · filed 2016-06-24(g)(1)

To establish this element, it is sufficient if the government proved McDonald had actual or constructive possession of the firearm. ... Because the evidence was sufficient to support the jury’s finding that McDonald knowingly possessed the firearms in question, we will not disturb the verdict.

Section 922 requires proof that a defendant who constructively possesses a firearm knowingly has both the power and the intent to exercise control over it.

United States v. Little · filed 2016-07-19(g)(1), (j)

We thus hold that constructive possession exists when a person not in actual possession knowingly has the power and intent at a given time to exercise dominion or control over an object.

Section 922(g)(1)'s possession element may be supported by evidence that the defendant lived where firearms were found and could reasonably have been aware of them.

United States v. Exum · filed 2016-07-27(g)(1)

These firearms, which were located under an air mattress and behind a door, were not so well hidden to prevent the jury from reasonably concluding that Exum was aware of their presence.

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

United States v. Johnson · filed 2016-08-02(g)(1)

Actual or constructive possession is sufficient to give rise to criminal liability under § 922(g)(1).

Section 922(g)(1)’s possession element can be satisfied when a felon has the power and intention to control a firearm through another person.

United States v. Preston · filed 2016-08-10(g)(1)

That Preston commanded another person to transfer a firearm, and the other person acquiesced in the order, would allow a rational jury to conclude that Preston had the power and intention to control (i.e. constructive possession of) the firearm.

Section 922(g)(1) requires proof that a felon knowingly possessed ammunition; constructive possession requires knowledge that it is present and dominion over the premises where it is found.

United States v. John Ways, Jr. · filed 2016-08-11(g)(1)

Rather, constructive possession requires both knowledge that the contraband is present and dominion over the premises where the contraband is located.

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

United States v. Saunders · filed 2016-08-24(g)(1)

Both offenses have an element of possession that must be proved beyond a reasonable doubt before a defendant can be convicted. Actual possession is not necessary to sustain a conviction for possession; constructive possession is sufficient.

Section 922(g)(1) includes both actual and constructive possession of a firearm or ammunition.

United States v. Shrader · filed 2016-08-26(g)(1)

Mr. Shrader’s first two arguments incorrectly assume that constructive possession and actual possession are separate offenses. The statute of conviction, 18 U.S.C. § 922(g)(1), criminalizes “possess[ion]” of a firearm or ammunition by a convicted felon. “It is well settled the required ‘possession’ for purposes of § 922(g) includes both actual and constructive possession.” United States v. Taylor, 113 F.3d 1136, 1144 (10th Cir. 1997). Accordingly, we reject Mr. Shrader’s first two arguments.

Section 922(g)(1) permits a conviction for knowing possession of ammunition when circumstantial evidence establishes constructive possession.

United States v. Graham · filed 2016-08-26(g)(1)

Here, Durham does not challenge the convicted felon and interstate commerce elements of his § 922(g)(1) conviction; thus, the only issue is whether he knowingly possessed the ammunition. The evidence at trial showed that the ammunition was found in a safe that also contained Durham’s wallet and birth certificate, as well as other identifying documents. Although Durham testified he did not know that there was ammunition in the safe, the jury was free to disbelieve him and use his statements as substantive evidence of his guilt. This, along with Durham’s testimony that he lived in the northeast bedroom “off and on,” and was in the bedroom with the open safe when the police arrived to execute the search warrant, is sufficient to convict him of a § 922(g)(1) violation.

Section 922(g)(1) covers a convicted felon’s constructive possession of a firearm when the person has dominion over the premises where it is located.

United States v. Green · filed 2016-08-31(g)(1)

Under these facts, a reasonable jury could find that Hayes had dominion and control over the contents of his home, including the Ruger 9mm.

Section 922(g)(1)’s possession element may be proved by actual or constructive possession, using direct or circumstantial evidence.

United States v. Lewis · filed 2016-10-12(g)(1)

As the jury was instructed, possession of a firearm under § 922(g)(1) may be based on either actual or constructive possession and may be proved by direct or circumstantial evidence.

Section 922(g)(1) does not require ownership of a firearm to establish constructive possession.

United States v. Smith · filed 2016-10-19(g)(1)

Ownership, however, is not necessary for constructive possession.

A § 922(g) jury may find firearm possession beyond a reasonable doubt even when another person could also have controlled the weapon.

United States v. Michael · filed 2016-10-26(g)

Even if the location of the weapon meant that the defendant’s cousin could also theoretically have exerted control over the weapon, the jury could still conclude that the collective evidence demonstrated Michael’s possession beyond a reasonable doubt.

Section 922(g)(1) permits a jury to find constructive possession when a defendant knows of a firearm and has the ability and intent to control it.

United States v. Badali · filed 2016-11-08(g)(1)

Thus, Badali’s knowing participation in the firearm transaction permitted the jury to reasonably conclude that he constructively possessed the firearm.

Section 922(g)(1) covers constructive possession of a firearm or ammunition when a felon knows it is present and has the ability and intent to control it.

United States v. Green · filed 2016-11-30(g)(1)

Here, a rational trier of fact could conclude that Defendant had both (1) knowledge of the presence of the firearm and ammunition in the bedroom where he was found and (2) the ability and intent to exercise control over the firearm and ammunition, as required to establish constructive possession.

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

United States v. Velez · filed 2016-12-20(g)(1)

There was sufficient evidence for the jury to find that Velez constructively possessed the .380 caliber Bersa handgun located under his car seat on November 5, 2014.

Sections 922(g)(1) and 922(j) require possession of a firearm, which can be established through constructive possession.

United States v. Hinckle · filed 2016-12-21(g)(1), (j)

Hinckle challenges the sufficiency of the evidence that he possessed the firearms, a requirement under both §§ 922(g)(1) and 922(j). The Government, however, submitted sufficient proof that Hinckle constructively possessed the firearms.

Section 922(g)(1) requires intent to exercise dominion or control when possession of a firearm or ammunition is constructive.

United States v. Simpson · filed 2017-01-10(g)(1)

As Mr. Simpson argues, the instruction failed to include an element of constructive possession: that the defendant had the “intent” to exercise dominion or control over the guns, ammunition, or drugs. ... For the remaining counts, however, we agree with Mr. Simpson. The jury instruction constituted an obvious error that was reasonably likely to create prejudice and to seriously affect the fairness, integrity, or public reputation of the judicial proceedings.

Section 922(g)(1)’s possession element can be proved through constructive possession when evidence shows dominion and control over the firearm.

United States v. Lewis · filed 2017-01-17(g)(1)

The prosecution’s argument that the recording showed Lewis admitting that he possessed the discovered gun, coupled with the other evidence showing Lewis’s dominion and control over the apartment, provides enough evidence for a rational trier of fact to find beyond a reasonable doubt that Lewis constructively possessed the firearm.

Section 922(g)(1) requires intent to exercise dominion or control for constructive possession of a firearm; an instruction omitting that element does not warrant reversal under plain-error review without prejudice.

United States v. Fykes · filed 2017-02-03(g)(1)

As Mr. Fykes argues, the instruction failed to include an element of constructive possession: intent to exercise dominion or control over the handgun. ... The government concedes the existence of an obvious error. The dispositive issue is whether the omission of the intent element affected Mr. Fykes’s substantial rights by creating prejudice. Mr. Fykes cannot satisfy this standard in light of the way that constructive possession was disputed at trial.

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

United States v. Jimmie White, II · filed 2017-02-16(g)(1)

Drawing all reasonable inferences in the government’s favor, the evidence is more than sufficient to lead a rational trier of fact to conclude that White constructively possessed the firearm.

Section 922(g)(1)’s possession element can be satisfied by evidence that the defendant had dominion or control over a firearm.

United States v. Slade · filed 2017-03-08(g)(1)

And based on the detectives’ testimony, it was reasonable for the jury to infer that Slade was holding the gun under the hat and that it was under his dominion or control.

Section 922(g)(5)(A) permits a conviction based on constructive possession of a firearm when the evidence supports that finding beyond a reasonable doubt.

United States v. Valdovinos-Perez · filed 2017-03-16(g)(5)(A)

Valdovinos-Perez’s challenge to the sufficiency of the evidence of possession in Counts 9, 10, and 11 also fails. Viewing the evidence in the light most favorable to the prosecution, a jury could reasonably conclude that Valdovinos-Perez constructively possessed the methamphetamine, heroin, and firearms found in the trailer where he was apprehended.

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

United States v. Flores · filed 2017-03-27(g)(1)

The evidence, when viewed in a light most favorable to the Government, was sufficient for the jury to find Flores guilty under a theory of constructive, joint possession of the firearms.

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

United States v. Bryant · filed 2017-03-28(g)(1)

“[Section] 922(g)(1) does not require proof of actual or exclusive possession; constructive or joint possession is sufficient.”

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

United States v. Randolph · filed 2017-04-07(g)(1)

A conviction under § 922(g)(1) may be based on either actual or constructive possession of a firearm.

Section 922(g)(1) permits a conviction based on constructive possession, but when a residence is jointly occupied, the government must link the defendant to the firearm beyond showing dominion over the premises.

United States v. Ramos · filed 2017-03-27(g)(1)

Here, because Ramos jointly occupied the apartment with Schmid, the government was required to provide some evidence linking him to the gun beyond his dominion over the apartment.

Section 922(g)(1) permits a felon-in-possession conviction based on constructive possession of a firearm, even if someone else owns it.

United States v. Pittman · filed 2017-06-15(g)(1)

Here, although Pittman claimed that the firearm belonged to someone else, this did not foreclose the jury from concluding that Pittman exercised constructive possession over it.

Section 922(g)(1) allows knowing possession of a firearm to be proved through constructive possession even when the defendant does not permanently live where the firearm is found.

United States v. McIntosh · filed 2017-06-20(g)(1)

McIntosh emphasizes he did not permanently reside at 3910 Flora with Hardison, yet this fact does not negate the possibility of constructive possession.

Section 922(g)(1) covers constructive possession of a firearm by a person with a prior felony conviction.

United States v. Dorman · filed 2017-06-23(g)(1)

We therefore affirm his conviction on Count 2, unlawful ... possession of ammunition or a firearm by a convicted felon, under 18 U.S.C. § 922(g)(1), based on his constructive possession of the gun found in the basement bedroom and the parties’ stipulation that Dorman had a prior felony conviction.

Section 922(g)(1)'s possession element can be satisfied by evidence that a defendant intentionally exercised dominion and control over firearms.

United States v. Smith · filed 2017-08-14(g)(1)

After viewing the evidence as a whole and in the light most favorable to the Government, we conclude that there was sufficient evidence to establish that Smith intentionally exercised dominion and control over the firearms in question.

Section 922(g)(1)’s possession element may be satisfied by constructive possession, including ownership of the firearm.

United States v. Williams · filed 2017-09-05(g)(1)

The jury could also have concluded that his statement referring to the firearm as “his gun” indicated he had constructively possessed the weapon because he owned it.

Section 922(g)(1)’s knowing-possession requirement can be satisfied through constructive possession; the firearm need not be on or near the defendant.

United States v. Misael Rosario Pacheco, Sr. · filed 2017-09-19(g)(1)

Concerning possession -- the only element Pacheco disputes -- the government need not prove actual possession in order to fulfill the “knowing” requirement of § 922(g)(1). Rather, it may be shown through constructive possession.

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

United States v. Green · filed 2017-09-29(g)(1)

In combination with all the other circumstantial evidence of Defendant’s knowing possession of the firearm and ammunition, the jury could reasonably find constructive possession. Accordingly, the district judge correctly denied Defendant’s motion for a judgment of acquittal.

Section 922(g)(1)’s possession element can be proved by circumstantial evidence that the defendant knew a firearm was readily accessible in his bedroom.

United States v. Rhodes · filed 2017-11-03(g)(1)

We conclude that sufficient evidence supports the jury’s verdict. ... Moreover, the firearm was not well hidden, and the jury could have inferred that Rhodes was aware that there was a firearm under his pillow, and that he kept the firearm under the pillow to have immediate access to it.

Section 922(g)(1) requires constructive possession of a firearm to include both the power and the intent to exercise control over it.

United States v. Benford · filed 2017-11-14(g)(1)

Little is clear, however, that constructive possession also requires intent to exercise control.

Section 922(g)(1)’s possession element can be proved by circumstantial evidence of constructive possession; exclusive possession is unnecessary.

United States v. Brown · filed 2017-11-17(g)(1)

Constructive possession may be proven by circumstantial evidence, and it is not necessary that the defendant have exclusive possession.

Section 922(g)(1) permits a jury to infer constructive possession of a firearm from the defendant’s control over the place where it was found.

United States v. McMillian · filed 2017-12-12(g)(1)

Thus, while McMillian is right to claim that there must exist “some nexus between the accused and the contraband,” Rackley, 742 F.2d at 1272, he was wrong to suggest in his proposed instruction that “control or dominion over the place in which the items are found is not enough to establish” such a nexus.

Section 922(g)(1)'s possession element can be established by evidence that a defendant intended to exercise control over a firearm.

United States v. Mark Garza, Jr. · filed 2017-12-14(g)(1)

Thus, there was sufficient evidence that Garza intended to exercise control over one of the loaded firearms found under each side of the bed in his room.

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

United States v. Byers · filed 2017-12-21(g)(1)

To the extent Byers raises a legal sufficiency challenge, United States v. Gosselin World Wide Moving, N.V., 411 F.3d 502, 515 (4th Cir. 2005), his constructive possession of the firearm was sufficient to support his § 922(g)(1) conviction, United States v. Lawing, 703 F.3d 229, 240 (4th Cir. 2012).

Section 922(g)(1) allows a felon-in-possession conviction when substantial evidence shows the defendant knowingly constructively possessed the firearm.

United States v. O'Connor · filed 2018-02-05(g)(1)

Here, a rational trier of fact could have found beyond a reasonable doubt that O’Connor was guilty of being a felon in possession of a firearm under 18 U.S.C. § 922(g), where the only element in dispute was O’Connor’s knowing possession of the firearm ... seized from his residence, and substantial evidence supported the conclusion that O’Connor had constructive possession of the firearm. We therefore hold that the evidence, viewed in the light most favorable to the prosecution, was legally sufficient to support the § 922(g) conviction.

Section 922(g)(1)’s possession element can be satisfied by evidence that the defendant had the power to exercise dominion and control over a gun.

United States v. Courtney · filed 2018-03-15(g)(1)

As repeatedly detailed above, however, the evidence at trial easily allowed the jury to find that Courtney had the power to “exercise dominion and control” over the drugs and guns.

Section 922(g)(1) permits a jury to infer knowing possession of ammunition from constructive possession when the circumstances make that inference reasonable.

United States v. Padilla-Galarza · filed 2018-03-23(g)(1)

We therefore conclude that the government's evidence sufficed to prove that Padilla constructively possessed the ammunition and the marijuana found in the bedroom of the house, from which the jury was entitled to infer that Padilla knowingly possessed the contraband, as that inference was reasonable in these circumstances.

Section 922(g)(1)'s possession element can be satisfied by constructive possession when evidence links a defendant to firearms found on premises he controls.

United States v. Elenniss · filed 2018-04-09(g)(1)

As noted above, Elenniss had dominion over both the residence and the barn, where numerous guns were found. Moreover, police officers found evidence tying Elenniss to many of the firearms. ... In short, there was strong evidence to support a finding of constructive possession. Because there was evidence to support this conviction, there has been no miscarriage of justice.

Section 922(g) permits a possession conviction based on sufficient evidence of actual or constructive possession.

United States v. Donavan Cross · filed 2018-04-30(g)

Constructive possession may support a conviction under 18 U.S.C. § 922(g) and “is established if the person has dominion over the premises where the firearm is located, or control, ownership, or dominion over the firearm itself.” ... Drawing all inferences in favor of the guilty verdict, we conclude there was sufficient evidence of actual or constructive possession to support Cross’s conviction.

A felon constructively possesses a firearm under § 922(g)(1) when he knows it is present and has dominion over the premises where it is located.

United States v. Lemmon · filed 2018-05-03(g)(1)

Viewing this testimony in the light most ... favorable to the verdict, the jury could reasonably infer that Lemmon had knowledge of the firearm and dominion over the location where the firearm was located.

Section 922(g)(1) permits proof of knowing firearm possession through constructive possession, but proximity to the firearm alone is insufficient.

United States v. Foster · filed 2018-05-30(g)(1)

Constructive possession cannot be proven by proximity alone; there must be “other proof” linking the defendant to the prohibited item.

Section 922(g)(1) covers constructive possession when a person knows a firearm is present and has the ability and intent to control it.

United States v. Morales · filed 2018-06-29(g)(1)

So Morales could be convicted of § 922(g)(1) if he was aware of the gun’s presence and had the ability and intent to exercise dominion and control over it then or later.

Section 922(g)(1) permits proof of firearm possession through circumstantial evidence that sufficiently connects the defendant to the firearm.

United States v. Davis · filed 2018-07-24(g)(1)

We find that all of this evidence, taken together, is sufficient for a juror to find a nexus between Davis and the revolver.

Section 922(g)(1) covers a felon’s constructive possession of ammunition when evidence shows knowledge of the ammunition and dominion over where it was found.

United States v. Patton · filed 2018-08-09(g)(1)

Given the evidence of Patton’s dominion over the bedroom and the presence of his personal effects in the drawer, the district court did not clearly err in finding that Patton constructively possessed the ammunition and committed a federal crime.

Section 922(g)(1) permits a conviction based on constructive possession of a firearm or ammunition when the defendant knew of it and intended to exercise control over it.

United States v. Martinez · filed 2018-09-11(g)(1)

Thus, we conclude the jury had sufficient evidence to find Leilani constructively possessed the shotgun under both statutes and the ammunition under § 922(g)(1).

Section 922(g)(1)’s possession element can be proved by evidence that a defendant knew firearms were in his residence and had the ability and intent to control them.

United States v. Jackson · filed 2018-09-19(g)(1)

Viewed in the light most favorable to the government, the evidence presented at trial was sufficient to permit a reasonable factfinder to conclude beyond a reasonable doubt that Jackson possessed knowingly the guns found in the duplex.

Section 922(g)(1) requires intent to exercise control over a firearm for constructive possession.

United States v. Giannukos · filed 2018-11-09(g)(1)

This instruction was erroneous because “constructive possession also requires intent to exercise control.”

Section 922(g)(1)’s possession element can be satisfied by constructive possession when the defendant has dominion or control over a place containing firearms.

United States v. Joseph W. Rohe, Jr. · filed 2018-11-16(g)(1)

Such access was sufficient for the jury to find that Rohe had the “dominion or control” over the shed necessary for constructive possession.

Section 922(g)(1)'s possession requirement can be met through constructive possession when the defendant knows of the firearm and intends to exercise control over it.

United States v. Davis · filed 2018-11-20(g)(1)

Taken together, these facts support the reasonable inference that Davis knew of the weapon's presence and intended to exercise dominion and control over the ... weapon at the time of his arrest.

Section 922(g)(1)'s possession element can be satisfied by constructive possession when a person has dominion over the premises where a firearm is found.

United States v. Coleman · filed 2018-11-27(g)(1)

A reasonable jury could conclude Coleman knowingly possessed the narcotics and firearms found in the residence. Constructive possession “is established if the person has dominion over the premises where the firearm [or drugs are] located, or control, ownership, or dominion over the firearm [or drugs themselves].”

Section 922(g)(1) permits proof of firearm possession through constructive possession when a defendant knows of the gun and has ownership, dominion, or control over it or the place where it is concealed.

United States v. Nowell · filed 2018-12-11(g)(1)

Given the stipulations as to the gun’s interstate nexus and Nowell’s prior felony conviction, we hold that the evidence was sufficient to convict him of violating § 922(g)(1).

Constructive possession under § 922(g)(1) requires the power and intent to exercise dominion or control over the firearm.

United States v. Campbell · filed 2019-02-15(g)(1)

Based on the evidence presented at trial, a properly-instructed jury would still have found Mr. Campbell had “the power and intent . . . to exercise dominion or control” over the revolver and that he therefore constructively possessed that revolver.

Section 922(g)(1) permits a felon-in-possession conviction based on constructive possession when the defendant knows of the firearm and has the ability and intent to control it.

United States v. Chambliss · filed 2019-02-27(g)(1)

A reasonable juror could find from this that Chambliss was not only aware of the firearm’s existence but also had the ability and intent to control it, which is enough to show constructive possession.

Section 922(g)(1) allows firearm possession to be proved through actual or constructive possession, including control over the firearm or the premises where it is concealed.

United States v. Perez · filed 2019-05-14(g)(1)

Thus, there was more than sufficient evidence for a reasonable jury to find that Perez, either directly or constructively, possessed the firearm beyond a reasonable doubt, and we affirm the felon-in-possession conviction.

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

United States v. Anderson · filed 2019-06-21(g)(1)

Accordingly, we conclude that the evidence was sufficient to demonstrate that Anderson constructively possessed the firearm.

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

United States v. Shaffer · filed 2019-07-08(g)(1)

Under § 924(c)(1) and § 922(g)(1), constructive possession is sufficient to establish guilt.

Section 922(g)(1)'s possession requirement can be satisfied by a defendant's dominion and control over the premises where a firearm is found.

United States v. Joshua Otis Gordon Carter · filed 2019-07-26(g)(1)

Thus, the jury was entitled to conclude that, because Carter had dominion and control over the premises where the firearm and the cocaine were found, he constructively possessed them.

In a jointly occupied residence, constructive possession of a firearm may be shown by evidence supporting a plausible inference that the defendant knew of and had access to it.

United States v. Lamonne Ivory · filed 2019-08-01(g)(1)

Therefore, the evidence supports a plausible inference that Ivory knew of, and had access to, the firearms.

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

United States v. Elien · filed 2019-09-24(g)(1)

Viewing the evidence in the light most favorable to the jury’s verdict, a reasonable factfinder could find Elien constructively possessed the firearms and ammunition found in the silver Mercedes.

Section 922(g)(1) covers constructive possession of a firearm when a convicted felon knows it is present and has the ability and intent to control it.

United States v. Dante Antwan Hill · filed 2019-12-04(g)(1)

For purposes of 18 U.S.C. § 922(g)(1), a defendant’s possession of a firearm can be actual or constructive. ... Proof of constructive possession requires evidence that the defendant “(1) was aware or knew of the firearm’s presence and (2) had the ability and intent to later exercise dominion and control over that firearm.” ... Here, the government’s evidence was sufficient to permit a reasonable jury to find that Hill constructively possessed the firearms found at his home.

Section 922(g)(1) allows constructive possession of a firearm to be proved through circumstantial evidence of the defendant’s control over it.

United States v. Hall · filed 2020-02-13(g)(1)

Here, the Government adduced sufficient circumstantial evidence from which a jury could conclude that Hall constructively possessed the firearms found in the trunk of the vehicle.

Section 922(g)(1) allows firearm possession to be proved through constructive possession when the defendant has the power and intent to control the firearms.

United States v. Cobb · filed 2020-02-20(g)(1)

Similarly, a rational juror could determine that Cobb had dominion and control over the firearms based on his admission that he knew guns were in ... his apartment and the storage unit along with Troskoski’s testimony that Cobb instructed him to retrieve firearms from the storage unit.

Section 922(g)(1)’s possession element can be proved by showing that the defendant knew about the firearms and had the ability to control them.

USA . Brandon Oneal Preyer · filed 2020-03-04(g)(1)

This evidence was sufficient to prove Preyer’s constructive possession of the firearms and ammunition. Ptomey’s testimony that Preyer told him about the shotgun and Burleson’s testimony that he saw Preyer with both firearms were sufficient for a reasonable jury to conclude that Preyer knew about the firearms. And evidence that Preyer owned the shotgun, that the firearms and ammunition were found in Sotolongo and Preyer’s room with his other belongings, and that the guns did not belong to Sotolongo was sufficient to prove that he had the ability to maintain control of the weapons and take physical possession of them at any time.

Section 922(g)(1) prohibits felons from actually or constructively possessing firearms; a factual dispute over possession can prevent summary judgment on a related forfeiture claim.

United States v. $9,171.00 UNITED STATES CURRENCY · filed 2020-03-23(g)(1)

The Gun Control Act, as amended, makes it unlawful for certain persons, including felons (persons convicted of crimes punishable by more than one year in prison), to possess firearms or ammunition. 18 U.S.C. § 922(g)(1). ... Although a criminal conviction is in no way a prerequisite to civil forfeiture of property, possession of a firearm by a prohibited person may rest on either actual or constructive possession. ... The Government’s request for judgment as a matter of law is denied against Scurlock’s claim to the firearms and these claims shall proceed to trial.

Section 922(g)(1) allows knowing possession of a firearm to be proved through constructive possession, including evidence that the defendant exercised dominion and control over it.

United States v. Johnnie Charles Grimsley, Jr. · filed 2020-04-06(g)(1)

These facts show that Grimsley asserted dominion and control over the firearm and ammunition by claiming ownership of the firearm and actively engaging in the close of the sale.

Section 922(g)(1) requires intent to exercise control over a firearm to establish constructive possession.

United States v. Samora · filed 2020-04-08(g)(1)

The law is clear, however, that constructive possession also requires Defendant have the intent to exercise control over the firearm.

Section 922(g)(1) permits proof of firearm possession through constructive possession when the defendant has the power and intent to control the firearm.

United States v. Shannon · filed 2020-04-20(g)(1)

Finally, sufficient evidence showed that Mr. Shannon not only had the ability “to control” the firearm, but also the “intent to exercise that control,” United States v. Little, 829 F.3d 1177, 1182 (10th Cir. 2016).

Section 922(g)(1) permits a finding of constructive possession of a firearm in a jointly occupied home when evidence supports a plausible inference that the defendant knew of and could access it.

United States v. Huntsberry · filed 2020-04-10(g)(1)

Taking a common-sense approach and viewing the evidence in favor of the verdict, “we conclude that the totality of the evidence presented at trial creates at least a plausible inference that [Huntsberry] had knowledge of and access to the weapon[s].” Mudd, 685 F.3d at 478. Therefore, Huntsberry is not entitled to reversal of his felon-in-possession conviction.

Section 922(g)(1)'s possession element may be established by evidence that the defendant exercised dominion and control over the residence where the firearm was found.

United States v. Hayes · filed 2020-04-27(g)(1)

A conviction under 18 U.S.C. § 922(g)(1) requires the government to prove, inter alia, that the defendant knowingly possessed or received a firearm. ... This evidence was sufficient to find, beyond a reasonable doubt, that Hayes had dominion and control over the entire apartment and the items inside it.

Section 922(g)(1)’s possession element can be proved by evidence that the defendant exercised dominion and control over a firearm.

United States v. Phillips · filed 2020-05-01(g)(1)

This is sufficient evidence that Phillips exercised dominion and control over and thus constructively possessed the firearm.

Section 922(g)(1) permits proof of firearm possession through evidence that the defendant had dominion and control over the room and safe where the firearm was found.

United States v. Spencer · filed 2020-05-07(g)(1)

Here, the jury heard sufficient evidence that Spencer constructively possessed the firearm because he had dominion and control over the bedroom and safe.

Section 922(g)(1)’s knowing possession element can be established by circumstantial evidence that a person knew ammunition was present and had control over it.

United States v. Ambrose Sample, II · filed 2020-05-29(g)(1)

This evidence was enough to sustain a finding that Sample exercised “both dominion and control over” the round of ammunition and a rational fact finder could find that its position in plain view indicates that Sample had “knowledge of [its] existence.” Walker, 657 F.3d at 172.

Section 922(g)(1)’s possession element can be satisfied by constructive possession of a firearm found in a home the defendant controls.

United States v. White · filed 2020-06-24(g)(1)

The government had plenty of evidence to support its theory, starting with White’s admission that it was his house. Add that to the fact that officers found clothes in his size and mail bearing only his name during the search, and the jury could have reasonably concluded that, as the sole occupant of the home, he constructively possessed the firearm inside.

Section 922(g)(1)’s possession element can be proved through constructive possession when the defendant has the power and intent to control the firearm.

United States v. Goolsby · filed 2020-07-16(g)(1)

We disagree with Goolsby that the evidence did not support a jury finding of at least constructive possession. “Constructive possession exists when a person has the power and intention to exercise dominion and control over an object.” ... Here, Goolsby was driving the rental car from which the contraband was recovered, and the rental agreement listed Goolsby as an authorized user, suggesting he exercised control over the car and the items in it.

Section 922(g)(1) requires a defendant charged with constructive possession to know that the firearm exists.

United States v. Gilmore · filed 2020-08-06(g)(1)

The court correctly informed the jury that constructive possession requires knowledge of the thing possessed.

Section 922(g)(1) allows a jury to infer constructive possession from a firearm in plain view in a vehicle the defendant controls.

United States v. Darius Fields · filed 2020-10-02(g)(1)

Because the firearm was in plain view, as with the ammunition inside the hotel, a ... reasonable jury could find that Fields had constructive possession of it.

Section 922(g) covers constructive possession of a firearm when the defendant has dominion over the place where it is found.

United States v. Tyler Hall · filed 2020-10-05(g)

Again, viewing such evidence in the light most favorable to the government, the fact that the gun was found in Hall’s residence at a table that was used to package drugs that Hall was known to distribute establishes that the second firearm also was in the constructive possession of the defendant.

Section 922(g)(1)’s knowing possession element may be proved by actual or constructive possession, and evidence beyond mere presence can support a finding of possession.

United States v. Howard · filed 2020-10-06(g)(1)

Knowing possession may be proved by a showing of actual or constructive possession. ... In light of the evidence and the inferences that fairly could be drawn therefrom, a reasonable jury could reject Howard’s mere presence defense and find that he knowingly possessed a firearm and ammunition.

Section 922(g) possession includes both actual and constructive possession.

United States v. Alexander · filed 1998-12-14(g)

But, constructive possession was not a new legal theory injected into the case; possession may be of two types, and constructive possession is one of them.

Possession under § 922(g)(1) and (9) may be proved through circumstantial evidence supporting an inference that the defendant knew of and had access to the firearm.

United States v. Vanover · filed 2005-07-18(g)(1), (g)(9)

Constructive possession of a weapon may be proven through circumstantial evidence.

Section 922(g)(1)’s possession element can be satisfied by constructive possession through control over the firearm or control or ownership of the vehicle containing it.

United States v. Duncan · filed 2007-11-16(g)(1)

The Government’s closing argument essentially restated the instruction presented by the district court: that control over the contraband itself or control or ownership of the vehicle in which the contraband is found is sufficient to establish the individual’s constructive possession of the contraband.

Section 922(g)(1) prohibits a person convicted of a crime punishable by more than one year in prison from knowingly possessing ammunition, including through constructive possession.

United States v. Raymer · filed 2015-09-14(g)(1)

It is unlawful for a person who has been convicted of “a crime punishable by imprisonment for a term exceeding one year” to “possess in or affecting commerce, any firearm or ammunition.” 18 U.S.C. § 922(g)(1). ... Thus, the evidence shows by a preponderance of the evidence that Raymer had constructive possession of the ammunition.

Section 922(g)(1)’s possession element can be proved by constructive possession when evidence beyond proximity links the defendant to a firearm.

United States v. Wilson · filed 2020-12-16(g)(1)

All things considered, the evidence was sufficient to prove Wilson’s constructive possession of the drugs and firearm at 902 Smith, especially when measured against the manifest miscarriage of justice standard.

Section 922(g)(1) permits a jury to infer constructive possession of firearms in a safe in the defendant’s bedroom from his dominion and control over that room.

United States v. James Calvin Talley, Jr. · filed 2021-01-11(g)(1)

Second, the safe holding the firearms was in his bedroom, which was sufficient to permit the jury to infer Talley’s dominion and control over it.

Section 922(g)(1) allows firearm possession to be proved through constructive possession supported by circumstantial evidence.

United States v. Simpson · filed 2021-02-17(g)(1)

However, it cannot be said that no rational trier of fact could have found the elements of § 922(g)(1) beyond a reasonable doubt.

Under § 922(g)(1), constructive possession of a firearm requires the power and intent to take control of it; mere proximity is insufficient.

United States v. Jones · filed 2021-03-09(g)(1)

This instruction accurately captures the substance of Jones’s requested charge because it makes clear that more than simple proximity to an item (instead, “both the power and the intention to take control of it later”) is required to find constructive possession.

Section 922(g)(1)’s possession element can be satisfied by constructive possession when the defendant knows of the firearm and has the ability and intention to control it; fingerprints are unnecessary.

United States v. Paris Hill · filed 2021-04-16(g)(1)

Nor did the district court err in finding that Hill was a felon who illegally possessed a firearm in violation of 18 U.S.C. § 922(g)(1)—specifically, the shotgun found in his basement. ... Hill’s acknowledgement of the gun’s location and origin supports the district court’s conclusion that Hill had the requisite knowledge and intention for constructive possession. True, Hill’s fingerprints were not found on the gun. While that fact might undermine a finding of actual possession, it does not render the district court’s finding of constructive possession clearly erroneous under the circumstances.

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

United States v. Moorer · filed 2021-04-26(g)(1)

Here, there was sufficient evidence for a reasonable jury to find that Moorer knowingly possessed the firearm and the marijuana in the Chevrolet truck. Moorer’s confession that the truck and the items in it were his, Detective Bakane’s testimony that the firearm and the marijuana were found on the bench seat of the truck, and Bakane’s testimony that he discovered Moorer’s identification card in the glove box were sufficient for a reasonable jury to conclude that Moorer constructively possessed the firearm and the marijuana.

Section 922(g)(1)'s possession element can be satisfied by constructive possession when the evidence links the defendant to the firearm.

United States v. Young · filed 2021-05-17(g)(1)

The element of possession can be satisfied by proof of actual or constructive possession. ... The evidence supports a finding by a rational jury that Young constructively possessed the firearm and was not insufficient, plainly or otherwise.

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

United States v. Jones · filed 2021-07-22(g)(1)

However, there was enough evidence to establish constructive possession, which is sufficient under 18 U.S.C. § 922(g).

Section 922(g) permits a jury to infer constructive possession of ammunition found in a felon’s home.

United States v. Witort · filed 2021-09-13(g)

It is undisputed that numerous rounds of ammunition were found in Drozdowski’s home and that alone is enough to establish constructive possession.

Section 922(g)(1) prohibits a felon from possessing a firearm, including through constructive possession when he has the power and intention to control it.

United States v. Mitchel · filed 2021-09-29(g)(1)

Even crediting Mitchell’s testimony, Mitchell had constructive possession of the gun because he fought the victim for control of it and overpowered him to the point that, by his own admission, Mitchell had dominion over the gun and caused it to fire.

Section 922(g)(1) permits a felon-in-possession conviction when the evidence shows the defendant knew of a firearm and had the ability and intent to control it, even without physical possession.

United States v. Bobby Lee Wilson, Jr. · filed 2021-09-30(g)(1)

Therefore, in light of the ... totality of the evidence, there was sufficient evidence presented for a reasonable jury to conclude that Wilson knew of the presence of the firearm in the Buick and had the ability and intent to later exercise dominion and control over that firearm.

Section 922(g) allows firearm possession to be proved through actual or constructive possession; in a jointly occupied home, minimal circumstantial evidence connecting an occupant to the firearm can establish constructive possession.

United States v. Latimer · filed 2021-10-18(g)

For purposes of both 18 U.S.C. § 922(g) (firearms) and 21 U.S.C. § 841(a)(1) (controlled substances), possession of contraband can be shown through either actual or constructive possession. ... Rather, for a jointly occupied home, constructive possession can be demonstrated through “minimal,” purely circumstantial evidence connecting one occupant to the contraband.

Section 922(g)(1)’s possession element can be proved by circumstantial evidence that the defendant knowingly possessed a firearm.

United States v. Fields · filed 2021-12-07(g)(1)

Viewing the evidence in the light most favorable to the prosecution, there was circumstantial evidence that ... Fields constructively possessed a firearm.

Section 922(g)’s possession element can be proved by constructive possession when the defendant knows firearms are present and has dominion over the premises where they are located.

United States v. Ducheneaux · filed 2021-12-14(g)

Possession of a firearm can be proved via constructive possession, which “requires both knowledge that the contraband is present and dominion over the premises where the contraband is located.” United States v. Ways, 832 F.3d 887, 897 (8th Cir. 2016).

Section 922(g)(1)’s possession element can be proved by showing that a person had the power and intent to control a firearm without physically holding it.

United States v. Osteen · filed 2021-12-16(g)(1)

Given the recorded calls, the detective’s testimony, and the seized firearm, a rational trier of fact could have found that Osteen, though lacking physical custody, had the power and intent to exercise control over the firearm.

Section 922(g)(1) permits a jury to infer constructive possession of a firearm when the defendant exclusively controls the premises where it is found.

United States v. Perryman · filed 2021-12-16(g)(1)

A jury can infer constructive possession when the defendant exercises exclusive control over the premises.

Section 922(g)(1)’s possession element can be satisfied by joint constructive possession when other evidence connects the defendant to a gun found in a vehicle.

United States v. Gregory Franklin, II · filed 2021-12-16(g)(1)

Count 10 charged Franklin with being a felon in possession of a firearm and ammunition on April 30, 2019, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). ... But this argument fails because Franklin jointly and constructively possessed the gun for the same reasons that Franklin jointly and constructively possessed the drugs. Further, Franklin had just conducted a drug deal with the CI, and Salupo testified that “drug dealers” often carry guns “[f]or protection.” A rational trier of fact could therefore find that Franklin possessed the firearm and ammunition.

Section 922(g)(1)’s possession element can be proved by evidence supporting an inference that the defendant exercised dominion and control over the firearm.

United States v. Robbie Catchings · filed 2021-12-22(g)(1)

Viewing the evidence in the light most favorable to the Government, Niebla-Torres, 847 F.3d at 1054, a jury could reasonably infer that Catchings exercised dominion and control over the gun and thus knowingly possessed a firearm in violation of §§ 922(g)(1) and 924(a)(2).

Section 922(g)(1) permits a conviction based on constructive possession when the defendant knows a firearm is present and has the ability and intent to control it.

United States v. Kelly · filed 2021-12-30(g)(1)

A reasonable jury could infer from these facts that Kelly constructively possessed the firearm.

Section 922(g) permits a conviction based on constructive possession when the evidence supports a reasonable inference that the defendant possessed the firearm.

United States v. Barnes · filed 2022-01-05(g)

However, here a jury could reasonably infer that a gun found in a box that Barnes was seen bending over was placed there by Barnes.

Section 922(g)(1) covers constructive joint possession of a firearm by a convicted felon.

United States v. Sadler · filed 2022-01-21(g)(1)

Sufficient evidence supports Sadler’s conviction under 18 U.S.C. § 922(g)(1) for being a felon in possession of a firearm. ... Even without unequivocal evidence that Sadler owned or resided at the Eastburn property full-time, this evidence is sufficient to establish constructive joint possession.

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

USA v, Legestin Richards · filed 2022-01-26(g)(1)

Here, the government presented sufficient evidence at trial that Richards was in constructive possession of the firearms.

Section 922(g)(1) permits the government to prove constructive possession of a firearm by showing that the defendant controlled the area where it was found.

United States v. Shaulis · filed 2022-01-26(g)(1)

Recognizing that the government can prove constructive possession under § 922(g)(1) “by showing that [the defendant] exercised dominion or control over the area in which the weapon was found,” Caldwell, 760 F.3d at 278 (citation omitted), and with this overwhelming evidence of firearms in areas controlled by Shaulis, any error in admitting prohibited propensity evidence was harmless.

Section 922(g)(1) permits a felon-in-possession conviction based on joint, constructive possession when evidence beyond mere presence in a vehicle supports possession.

United States v. Clayton Hall · filed 2022-02-02(g)(1)

But this argument fails because Franklin jointly and constructively possessed the gun for the same reasons that Franklin jointly and constructively possessed the drugs. Further, Franklin had just conducted a drug deal with the CI, and Salupo testified that “drug dealers” often carry guns “[f]or protection.” A rational trier of fact could therefore find that Franklin possessed the firearm and ammunition.

Section 922(g)(1)’s possession element can be proved through constructive possession when the defendant controls the firearm or the place where it is located.

United States v. Jackson · filed 2022-02-18(g)(1)

To sustain a conviction under 18 U.S.C. § 922(g)(1), the Government must prove beyond a reasonable doubt that the defendant (1) was a felon, (2) knew that he was a felon, (3) knowingly possessed a firearm, and (4) the firearm traveled through interstate commerce. ... Constructive possession may be established by showing that the defendant had “dominion or control over the item itself” or “dominion over the premises where the item is located.”

Section 922(g)(1)’s possession element can be satisfied by constructive possession when the evidence permits a reasonable jury to find that the defendant knew of and could control the firearm.

United States v. Winn · filed 2022-03-04(g)(1)

Together, when viewed in the light most favorable to the verdict, the evidence presented at trial was enough to allow a reasonable jury to find that Winn had constructive possession of the guns.

Section 922(g)(1)’s possession element can be satisfied by evidence that the defendant knowingly controlled a vehicle containing a firearm.

United States v. Fortson · filed 2022-04-25(g)(1)

From all this evidence, the jury could have found that Fortson had control over the car in which the firearms were concealed and that Fortson knowingly possessed the firearms.

Section 922(g)(1) permits proof of firearm possession when the defendant knows the firearm is present and has the ability and intent to control it.

United States v. Wilkerson · filed 2022-05-16(g)(1)

Because the pistol was also dis- covered near where he had been sitting, a reasonable jury could find that he knew it was there and had the ability and intent to ex- ercise dominion and control over it.

Section 922(g)(1)’s possession requirement can be satisfied by constructive possession of ammunition when control over its storage location reasonably supports an inference of knowledge.

United States v. Maurstad · filed 2022-06-03(g)(1)

The district court found that Maurstad exercised sole control over the unit because it was in his name, he typically paid the rent, and he had the only key. The court held that this strongly supported the inference that Maurstad knew about the unit’s contents, including the ammunition. Because it was reasonable for the court to find that Maurstad knowingly possessed the ammunition, we affirm this conviction.

Section 922(g)(1) requires intent to control a firearm for constructive possession.

United States v. Neff · filed 2022-07-29(g)(1)

Although the district court plainly erred by omitting the intent requirement from the constructive-possession instruction, Neff has not shown that this error affected his substantial rights.

Section 922(g)(1) permits a finding of constructive possession of ammunition in another person’s home when evidence shows the defendant’s knowledge and control.

United States v. Spencer · filed 2022-10-06(g)(1)

Viewing the evidence in the light most favorable to the district court’s verdict, as we must, we conclude that Spencer’s statements to officers Furlong and Carter, when combined with the other evidence presented at trial including the testimony of Sanders, are sufficient for a rational factfinder to find beyond a reasonable doubt that Spencer constructively possessed the ammunition found in the second safe.

Section 922(g)(1)’s firearm possession element can be satisfied by constructive possession when evidence shows the defendant controlled the vehicle containing the gun.

United States v. Essex · filed 2022-11-18(g)(1)

Further, any rational juror could similarly find that Essex constructively possessed a rifle officers found in a Nissan sedan parked on the same property as the trailer. One could begin and end with Essex’s admission to Deputy Brown that he had purchased the Nissan. But beyond that evidence of ownership, other facts demonstrate Essex controlled the Nissan—it was parked near the trailer Essex rented, and other witnesses saw Essex routinely driving it.

Section 922(g)(1)'s possession element can be proved through constructive possession when the defendant controls the premises containing the firearm.

United States v. Dunbar · filed 2022-11-28(g)(1)

The felon-in-possession and drug-distribution charges required the government to prove that Dunbar possessed the gun and drugs. See 18 U.S.C. § 922(g)(1); 21 U.S.C. § 841(a)(1). ... But constructive possession—that Dunbar “knowingly [had] power and intention to exercise control over an object”—suffices. ... The government, in brief, introduced sufficient evidence of constructive possession.

Section 922(g)(1)'s possession element can be proved through actual or constructive possession of a firearm or ammunition.

United States v. Kaiser · filed 2022-12-09(g)(1)

The government may prove this element by establishing either that Kaiser actually possessed the pistol, revolver, and ammunition or that he constructively did so.

Section 922(g)(1) covers constructive possession of a firearm when a person knows of the gun and has the ability to control it.

United States v. Ocean-Avent · filed 2022-12-28(g)(1)

There was sufficient evidence for a reasonable jury to conclude that Appellant knew about the gun, which was found along with his cellphone in an open compartment within his reach, and had a motive for carrying it because he was driving in an area known as a hub for gang activity.

Section 922(g)(1) permits a felon-in-possession conviction based on constructive possession when evidence connects the defendant to a firearm found in a home he controls.

United States v. Calicutt · filed 2023-01-20(g)(1)

Constructive possession can thus be established where the defendant merely “has dominion over the premises where the firearm is located.” Id. ... Construing the foregoing in the government’s favor, a jury reasonably could have concluded that Calicutt constructively possessed the firearm found in his home.

Section 922(g)(1) permits a finding that a felon constructively possessed a firearm by arranging its sale and taking a cut, even without physically handling it.

United States v. Tollefson · filed 2023-02-10(g)(1)

In sum, the law provides that a middleman can in fact satisfy the element of constructive possession.

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

United States v. Richardson · filed 2023-02-17(g)(1)

Far from a “manifest miscarriage of justice,” the jury’s conclu- sion that Richardson constructively possessed the gun was entirely reasonable.

Section 922(g)(8) bars firearm possession by a person subject to a qualifying restraining order; possession includes knowingly having the power and intent to control a firearm.

United States v. McCain · filed 2023-03-03(g)(8)

A defendant possesses a firearm constructively where he “knowingly has the power and the intention . . . to exercise dominion and control over [the] object.” ... In our assessment, the record is sufficient for a rational jury to conclude that McCain constructively possessed the revolver.

Section 922(g)(1)’s possession element may be satisfied by constructive possession shown through dominion over a vehicle containing a firearm.

United States v. Pierre · filed 2023-03-21(g)(1)

Because constructive possession may be demonstrated by showing dominion over the vehicle in which the contraband is located, Pierre is unable to demonstrate clear or obvious error.

Section 922(g)(1) allows a felon-in-possession conviction when the evidence supports a finding that the defendant constructively possessed a firearm.

United States v. McKinney · filed 2023-04-07(g)(1)

Given the evidence tying McKinney to the bedroom in which the guns and drugs were located -- and the evidence tying McKinney to the Kellyton address -- a jury could infer reasonably that McKinney had constructive possession over the guns and drugs found in the home.

Section 922(g)(1)’s possession element can be proved through constructive possession supported by circumstantial evidence.

United States v. Robertson · filed 2023-05-23(g)(1)

Further, police recovered a bullet from Robertson’s pocket with identical markings as the bullets found in the firearm. This is sufficient evidence for a reasonable juror to conclude beyond a reasonable doubt that Robertson constructively possessed the firearm.

Section 922(g)(1) allows a felon’s possession of firearms to be proved through circumstantial evidence that he knew of them and could control them.

United States v. Blackmon · filed 2023-06-01(g)(1)

For Count 4, the fact that law enforcement recovered all three firearms when they arrested Blackmon strongly supports that he knew about them and would later control them. But that was not all—a witness also testified that the rifle and shotgun were recovered from under furniture that Blackmon repeatedly reached under leading up to his arrest. A reasonable jury could infer that he possessed all three firearms from this and other evidence.

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

United States v. Jones · filed 2023-07-24(g)

This evidence was sufficient for a reasonable jury to find Jones constructively possessed the firearms.

Section 922(g)(1) covers constructive possession of a firearm when a felon knowingly has the power and intent to control it.

United States v. Irby · filed 2023-08-02(g)(1)

But constructive possession—that Irby “knowingly ha[d] power and intention to exercise control over an object”—satisfies the statute as well.

Section 922(g)(1)'s possession element can be proved through constructive possession even when others could access the firearm.

United States v. Sylvestre · filed 2023-08-15(g)(1)

From this identifying evidence, a rational jury could reasonably infer that Sylvestre had dominion and control over the drawer containing the firearm. Further, constructive possession can be joint, so the fact that other individuals could have accessed the cabinet does not necessarily mean that there was insufficient evidence that Sylvestre constructively possessed the gun.

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

United States v. Grant · filed 2023-08-15(g)(1)

... we conclude that the district court properly denied Grant’s motion for judgment of acquittal because the evidence was sufficient for a reasonable jury to find beyond a reasonable doubt that he constructively possessed the ammunition.

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

United States v. Cahill · filed 2023-10-26(g)(1)

Possession of a firearm may be actual or constructive.

Section 922(g)(1) permits a finding of constructive firearm possession when evidence supports a plausible inference that a person knew of and had access to firearms in a jointly occupied home.

United States v. Lyon · filed 2023-12-20(g)(1)

Here, as in those two cases, there is sufficient evidence to justify a plausible inference by the jury that Lyon constructively possessed the firearms.