Record contained sufficient evidence to support defendant’s conviction on unlawful possession of firearm charge, where record showed that: (1) defendant had failed to move for judgment of acquittal in Dist. Ct.; (2) government proceeded on constructive possession theory as gun belonged to defendant’s girlfriend; and (3) gun was discovered following traffic stop within arm’s length of defendant, under circumstances where defendant was sole occupant of car, search revealed other items belonging to defendant, and defendant had confirmed to girlfriend that gun was “in same place it’s always in.” Also, Dist. Ct. could properly sentence defendant as armed career criminal based on three prior armed robbery convictions, where said robberies occurred over period of two days.
Federal 7th Circuit Court
Criminal Court
Firearms