/f3d/41/0025-01

United States Court of Appeals for the First Circuit · 1994-12-08

Original case on neochart.com

Case and law context

18 U.S.C. § 922(g)

Role: applied; posture: 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; claim: (g)(1)

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopeVariantExact source quotations
/f3d/41/0025-01 — United States Court of Appeals for the First Circuit · 1994Possession in or affecting commercenot_reached
Excluded from merits counts
applied / merits

claim: (g)(1)

Not mentioned anywhere in the opinion.
Unspecified variantNo source quotation recorded for this block.
/f3d/41/0025-01 — United States Court of Appeals for the First Circuit · 1994Knowledge of the relevant disqualifying statusnot_reached
Excluded from merits counts
applied / merits

claim: (g)(1)

Pre-Rehaif (1994); not an element the court recognised or discussed.
Unspecified variantNo source quotation recorded for this block.
/f3d/41/0025-01 — United States Court of Appeals for the First Circuit · 1994Actual or constructive possessionsatisfied
Counted merits instance
applied / merits

basis: proved; claim: (g)(1); theory: constructive possession (gun in a different bedroom from the one where defendant was hiding); subject: theory=constructive possession (gun in a different bedroom from the one where defendant was hiding)

Sufficiency upheld on three items: the arrest-scene statement about "his gun", the stationhouse admission of purchase/ownership, and a matching bullet in his pocket. Hiding instead of going for the gun does not negate power and intent (jury could infer he hoped to avoid detection). The court notes elsewhere that actual possession "was not proved".
constructive/admitted-ownership-of-gun-in-another-room-and-matching-bullet-on-person
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.
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Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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.
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Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

He stated that the gun seized at the apartment was a “throw-away” weapon that he had purchased for fifty dollars.
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Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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.
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Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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.
Source: docroot/ir/caselaw/f3d_41.jsonl#/f3d/41/0025-01; Unicode character offsets [12645:12796] (end exclusive); SHA-256 85f985c408d6972a8593dfc98e7958ec1913dfa92287125bda3a9ef7ab7586f4.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Constructive possession, however, is possession.
Source: docroot/ir/caselaw/f3d_41.jsonl#/f3d/41/0025-01; Unicode character offsets [3256:3304] (end exclusive); SHA-256 85f985c408d6972a8593dfc98e7958ec1913dfa92287125bda3a9ef7ab7586f4.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

To be sure, ownership alone does not establish possession, but it may be highly relevant where the authority to exercise control is disputed.
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Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

This evidentiary tripod is sufficient to establish power as well as intent to exercise dominion and control over the gun.
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Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

That Rogers did not shoot himself simply illustrates a fact of constructive possession: power and intent to act do not always result in action.
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Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f3d/41/0025-01 — United States Court of Appeals for the First Circuit · 1994Actual or constructive possessionnot_reached
Excluded from merits counts
rule-announced / procedural

claim: (g)(1); theory: jury instruction defining constructive possession ("dominion or control"; ownership relevant), plain-error review; subject: theory=jury instruction defining constructive possession ("dominion or control"; ownership relevant), plain-error review

The first rule line is the district court's instruction, block-quoted and approved (no [quoted] tag: it is not another appellate court's words). "Dominion or control" vs "dominion and control" is treated as immaterial because dominion encompasses control. No specific-unanimity instruction is needed as between actual and constructive possession.
constructive/control
A person who, although not in actual possession, knowingly has both the power and the intention at a given time to exercise dominion or control over a thing, or to exercise dominion or control over the area in which that thing is found, whether directly or through another person, is then in constructive possession of the thing [emphasis added].
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Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Pursuant to the court’s instruction, there could have been no conviction absent a finding of control.
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Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

We discern no error in this explanation. The instructions correctly stated that ownership is relevant to the question of possession.
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Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f3d/41/0025-01 — United States Court of Appeals for the First Circuit · 1994Conviction punishable by more than one yearsatisfied
Counted merits instance
applied / merits

basis: conceded; claim: (g)(1)

Felon status was never in dispute (the opinion calls possession "the only disputed element", reporting the defendant's own argument); the held line is the court's statement that possession was the decisive issue, not a ruling on status.
prior-felony/multiple-burglary-convictions-admitted
On direct examination, Rogers freely admitted that he had been convicted of burglary “[m]any times.”
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Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Because he had committed at least five previous felonies, the district court imposed the statutory mandatory minimum sentence of fifteen years.
Source: docroot/ir/caselaw/f3d_41.jsonl#/f3d/41/0025-01; Unicode character offsets [2938:3081] (end exclusive); SHA-256 85f985c408d6972a8593dfc98e7958ec1913dfa92287125bda3a9ef7ab7586f4.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

The decisive issue at trial was possession, not how many rounds of ammunition were seized by the police.
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Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations recorded from this case