United States v. Hishaw

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an Apprendi claim raised for the first time on appeal is reviewed only for plain error
• holding that testimony that the defendant was seen with a semiautomatic pistol on several prior occasions was \simply too remote and too vague to support the inference that [the defendant] constructively possessed the pistol\ found in the car
• explaining that prior possession may, “in certain instances, ... support an inference of constructive possession”
• holding that testimony that the defendant was seen with a semiautomatic pistol on several prior occasions was “simply too remote and too vague to support the inference that [the defendant] constructively possessed the pistol” found in the car
• concluding government must show nexus under the joint occupancy rule when passenger rode in the front seat and no evidence showed the extent of the defendant’s control
• rejecting Defendant’s argument that “no officer ever observed him engaged in any illegal activity during the many hours of surveillance.”

Source: CourtListener parenthetical corpus (CC0).