Source: cases/21usc841/f3d-175-1208-us-v-jenkins.case
Case source: https://www.neochart.com/catalog/cases/f3d/volume_175/1208_01/index.html
We conclude that the evidence establishes a sufficient nexus between Defendant and the cocaine base for a jury to conclude beyond a reasonable doubt that Defendant constructively possessed the cocaine base with intent to distribute it.
Because Defendant did not have actual possession of the cocaine base at the time of the search, we must determine whether he constructively possessed the drugs by virtue of his knowing ownership, dominion, or control over Ms. Payne’s residence and the drugs.
The evidence also shows a sufficient nexus between Defendant and the marijuana for the jury to conclude that he constructively possessed it.
This evidence reasonably supports the jury’s conclusion that Defendant knowingly possessed marijuana with intent to distribute it.
casedsl 1.2 # author: Flash2 (gemini-3.8-flash-high) # triaged-by: Fable (2026-11-10) case /f3d/175/1208-01 name United States v. Jenkins cite 175 F.3d 1208 (1999) court United States Court of Appeals for the Tenth Circuit date 1999-05-10 url catalog/cases/f3d/volume_175/1208_01/index.html source ir/caselaw/f3d_175.jsonl sha1=603e588ab23e13842b68d3cee2593883990aefc4 chars=26543 opinion maj : majority by McKay @0..26543 controlling law 21usc841 (a)(1) role applied posture criminal; jury conviction for possession with intent to distribute cocaine base and marijuana; defendant challenges sufficiency of evidence on knowing constructive possession and intent to distribute; convictions affirmed result claimant-won count cocaine-base : Possession with intent to distribute cocaine base count marijuana : Possession with intent to distribute marijuana element possession : satisfied [proved] count cocaine-base route constructive pattern backyard-stash-hole-and-nightstand-stash fact @20355..20582 [supports] | Further, on the day of the search, officers discovered a single key in Defendant’s coat pocket which fit the front door lock of Ms. Payne’s residence. Officers also discovered mail addressed to Defendant at Ms. Payne’s address. fact @3053..3204 [supports] | They also found a plastic bag containing crack cocaine in a hole covered with a piece of particle board in the middle of the backyard of the residence. fact @21553..21815 [supports] | Further, a marked twenty-dollar bill used by the informant to purchase cocaine base from Defendant was found with approximately $3,000 in cash and some cocaine base in a night stand next to the bed in which Defendant was lying when officers executed the warrant. fact @3205..3336 [cuts-against] | There is a four-foot fence .surrounding the backyard of the residence, and a fraternity house is located directly behind the fence. rule @18913..19074 [quoted] | “Constructive possession occurs when a person ‘knowingly has ownership, dominion or control over the narcotics and the premises where the narcotics are found.’ ” held @22096..22331 | We conclude that the evidence establishes a sufficient nexus between Defendant and the cocaine base for a jury to conclude beyond a reasonable doubt that Defendant constructively possessed the cocaine base with intent to distribute it. gloss Key to residence in pocket, mail at address, regular overnight stays, marked buy money in nightstand, and surveillance of defendant walking visitors toward the backyard stash hole established constructive possession of cocaine base, despite third-party access to the yard. element knowledge : satisfied [proved] count cocaine-base route circumstantial pattern escorting-visitors-to-backyard-stash-and-regular-overnight-stays fact @21120..21381 [supports] | However, the officer who observed the residence prior to obtaining and executing the search warrant testified at trial that on two occasions he saw people walking up to the house and then saw Defendant walk out the front door and towards the backyard with them. fact @19888..20099 [supports] | Although Defendant may not have resided at Ms. Payne’s residence on a full-time basis, the record indicates that his girlfriend and daughter both lived there and that he stayed there three to four nights a week. rule @19629..19887 | Because Defendant did not have actual possession of the cocaine base at the time of the search, we must determine whether he constructively possessed the drugs by virtue of his knowing ownership, dominion, or control over Ms. Payne’s residence and the drugs. gloss On the cocaine-base count the defendant disputed only "knowing possession". The court resolved knowledge inside its constructive-possession (nexus) analysis; the deciding sentence is the held line of the possession block. ? holding: knowledge is not decided in a sentence of its own; it is folded into the constructive-possession nexus holding element intent-to-distribute : satisfied [conceded] count cocaine-base route inferred-from-quantity-and-circumstances pattern conceded-on-quantity-plus-controlled-buy fact @21382..21552 [supports] | The informant utilized by police for a controlled buy also told officers that she had purchased crack cocaine from an individual named Loc, which is Defendant’s nickname. gloss On appeal the defendant admitted that the quantity of cocaine base seized "would be more than adequate to sustain a conviction for possession with intent to distribute" and disputed only knowing possession. element substance : satisfied [conceded] count cocaine-base route _whole pattern crack-cocaine-identity-undisputed fact @2500..2767 [supports] | In addition, officers found a plastic bag containing cocaine base and marijuana cigarettes on top of a dresser, two small bags of marijuana on top of a large glass fish tank, and another plastic bag containing'butts of marijuana cigarettes in a closet in the bedroom. gloss Identity of the substance was not disputed. element possession : satisfied [proved] count marijuana route constructive pattern marijuana-throughout-bedroom-where-defendant-found fact @2044..2288 [supports] | In a night stand next to the bed, officers found marijuana, approximately $8,000 in cash which included a marked twenty-dollar bill used by a police informant to purchase cocaine base from Defendant, and two clear bags containing crack cocaine. fact @23508..23719 [supports] | For example, officers discovered marijuana throughout the room where Defendant was found, including in the night stand where they located the $3,000 in cash, the marked twenty-dollar bill, and some cocaine base. fact @24600..24732 [cuts-against] | Further, although Ms. Payne testified that some of the marijuana found in the residence was hers, she stated that not all of it was. held @23367..23507 | The evidence also shows a sufficient nexus between Defendant and the marijuana for the jury to conclude that he constructively possessed it. gloss Dominion over the residence and the bedroom containing marijuana and cash supported constructive possession of marijuana, although the co-defendant claimed some of it as hers. element intent-to-distribute : satisfied [proved] count marijuana route inferred-from-quantity-and-circumstances pattern buyer-statement-quantity-and-cash fact @23841..23978 [supports] | Officer Easter testified that he saw some individuals approach Ms. Payne’s residence and that they left the residence shortly thereafter. fact @23979..24155 [supports] | He testified further that, in response to his subsequent questioning, one of those individuals told Officer Easter that he had purchased marijuana at the residence in question. fact @24420..24599 [supports] | The record also reveals that sufficient quantities of marijuana were located in the residence for the jury to infer that it was used for distribution rather than for personal use. held @25041..25171 | This evidence reasonably supports the jury’s conclusion that Defendant knowingly possessed marijuana with intent to distribute it. gloss A buyer's statement that he bought marijuana at the residence, distribution quantities, and cash with marked buy money supported intent to distribute; the defendant argued the marijuana was scattered about the residence and showed only personal use, and that the co-defendant was convicted only of simple possession on the same evidence. element substance : satisfied [conceded] count marijuana route _whole pattern marijuana-identity-undisputed fact @2289..2499 [supports] | Officers also discovered marijuana and roach clips in a cigar box, plastic sandwich bags, marijuana in a laundry basket, and $203 in cash and Ms. Payne’s driver’s license in a pocket of a pair of women’s jeans. gloss Identity of the substance was not disputed.