· 4/3/2002
United States v. Barela Cruz, United States of America v. Rufino Gonzales
Citations
- 285 F.3d 692
- 2002 U.S. App. LEXIS 5993
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “knowledge of presence, combined with control over the thing is constructive possession”
- finding insufficient evidence of possession where the defendant stayed in the residence, but there Was no evidence that he knew of or exercised control over the contraband found there
- to prove conspiracy, government must prove existence of agreement to achieve illegal purpose, and defendant’s knowledge of agreement and knowing participation in conspiracy
Source: CourtListener parenthetical corpus (CC0).
Judges: Loken, Heaney, Riley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.