USA v. Anthony Jackson

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USA v. Anthony Jackson

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Case: 09-51005

Document: 00511193688

Page: 1

Date Filed: 08/04/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-51005 S u m m a r y Calendar August 4, 2010 Lyle W. Cayce Clerk

U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. A N T H O N Y FREEMAN JACKSON, D e fe n d a n t -A p p e lla n t

A p p e a l from the United States District Court fo r the Western District of Texas U S D C No. 7:09-CR-106-1

B e fo r e JONES, Chief Judge, and GARZA and BENAVIDES, Circuit Judges. P E R CURIAM:* A n t h o n y Freeman Jackson appeals his conviction following a jury trial for b e in g a felon in possession of a firearm. Jackson argues that the evidence was in s u ffic ie n t to support his conviction. J a c k s o n argues that the Government failed to prove the "possession" e le m e n t of the offense beyond a reasonable doubt because the Government p r o v e d only that he had "handled" a firearm and not that he had "possessed" it.

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

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Case: 09-51005

Document: 00511193688 Page: 2 No. 09-51005

Date Filed: 08/04/2010

T h is court reviews the denial of a motion for acquittal de novo. United S ta te s v. Clayton, 506 F.3d 405, 412 (5th Cir. 2007). In determining the

s u ffic ie n c y of the evidence, the court must review the evidence and the in fe r e n c e s arising therefrom in the light most favorable to the verdict and d e t e r m in e whether a rational jury could find the defendant guilty beyond a r e a s o n a b le doubt. Id. "The evidence need not exclude every reasonable

h y p o t h e s is of innocence or be wholly inconsistent with every conclusion except t h a t of guilt, and the jury is free to choose among reasonable constructions of the e v id e n c e ." Id. (internal quotations and citations omitted). T o prove the felon in possession charge, the Government had to prove that J a c k s o n had previously been convicted of a felony, that he had possession of a fir e a r m , and that the firearm in question had traveled in and/or affected in t e r s t a t e commerce. 18 U.S.C. § 922(g)(1); United States v. Daugherty, 264 F.3d 5 1 3 , 515 (5th Cir. 2001). The parties stipulated that Jackson has a prior felony c o n v ic t io n and that the firearm discovered in his apartment traveled in in t e r s t a t e commerce. P o s s e s s io n of a firearm may be actual or constructive and may be proved b y circumstantial evidence. United States v. McCowan, 469 F.3d 386, 390 (5th C ir . 2006). "Actual possession means the defendant knowingly has direct

p h y s ic a l control over a thing at a given time." See United States v. Munoz, 150 F .3 d 401, 416 (5th Cir. 1998). T h e evidence introduced at trial was sufficient to show that Jackson had a c t u a l possession of a firearm. In particular, the Government presented

t e s t im o n y that Jackson was carrying a gun as he ran away from police officers; t h a t he threw it under a bush; that officers recovered the gun from under the b u s h ; and that his DNA was on the gun and the clip. This testimony establishes t h a t Jackson had knowing, physical control over a firearm on the night of A p r il 19th, 2009. See Munoz, 150 F.3d at 416.

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Case: 09-51005

Document: 00511193688 Page: 3 No. 09-51005

Date Filed: 08/04/2010

V ie w in g the evidence as a whole and the credibility findings in the light m o s t favorable to the verdict, a rational jury could have reasonably concluded t h a t the evidence established beyond a reasonable doubt that Jackson was a fe lo n in possession of a firearm, in violation of § 922(g)(1). J a c k s o n 's conviction is AFFIRMED.

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