U.S. v. Perryman

Record contained sufficient evidence to support defendant’s convictions on charges of possession with intent to distribute fentanyl, possession of firearm in furtherance of drug trafficking crime and unlawful possession of firearm by felon, where all charges stemmed from search of defendant’s home. Reasonable jury could conclude that defendant constructively possessed fentanyl, where defendant stated to police that everything in his home belonged to him except rifle, and that fentanyl was found in master suite, where defendant slept, near closet filled with men’s clothes. Fact that others stayed over at defendant’s home did not require different result. Also, record contained sufficient evidence to support possession of weapon in furtherance of drug trafficking charge, where loaded rifle was located 3 to 4 steps away from large quantity of fentanyl. Moreover, there was sufficient evidence to support unlawful possession of firearm by felon charge, where record showed that defendant constructively possessed rifle discovered in his closet. Too, Dist. Ct. did not err in precluding defendant from impeaching one officer, who participated in search of defendant’s home, with fact that said officer had received 15 years earlier written reprimand in unrelated case, where reprimand did not involve tampering of evidence that defendant had claimed had occurred in instant case.