United States v. Rogers

41 F.3d 25 (1994) United States Court of Appeals for the First Circuit 1994-12-08

criminal; jury conviction on a one-count felon-in-possession indictment (gun found in another bedroom of the apartment where the escaped defendant was arrested); appeal on sufficiency of constructive possession plus instruction, vagueness, indictment, evidentiary and misconduct grounds (mostly plain-error review); affirmed (result: claimant-won)

Facts

  1. 2 Actual or constructive possession satisfied proved
    A pat-down revealed a .32 caliber bullet in his right front pants pocket. Rogers announced that the officers were lucky they found him before he got to his gun, or he would have blown his brains out.
  2. 2 Actual or constructive possession satisfied proved
    In the meantime, the third officer went to the bedroom in the northwest comer of the apartment, where he found a .32 caliber Smith and Wesson handgun in plain view on top of the dresser.
  3. 2 Actual or constructive possession satisfied proved
    He stated that the gun seized at the apartment was a “throw-away” weapon that he had purchased for fifty dollars.
  4. 2 Actual or constructive possession satisfied proved
    At trial, Rogers testified that the gun belonged to Michael Glennon, and denied making any statement about shooting himself, or being the owner of the gun. In fact, none of the fingerprints found on the gun belonged to Rogers.
  5. 2 Actual or constructive possession satisfied proved
    Constructive possession, however, is possession.
  6. 2 Actual or constructive possession satisfied proved
    To be sure, ownership alone does not establish possession, but it may be highly relevant where the authority to exercise control is disputed.
  7. 2 Actual or constructive possession satisfied proved
    This evidentiary tripod is sufficient to establish power as well as intent to exercise dominion and control over the gun.
  8. 2 Actual or constructive possession satisfied proved
    That Rogers did not shoot himself simply illustrates a fact of constructive possession: power and intent to act do not always result in action.
  9. 2 Actual or constructive possession satisfied proved
    When the officers arrived at the apartment, Rogers hid in the closet of the northeast bedroom rather than move toward the gun in the northwest bedroom.