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· 7/31/2006

United States v. James Tindall

Citations

  • 455 F.3d 885
  • 2006 U.S. App. LEXIS 19150
  • 2006 WL 2104978

How courts have described this case

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

  • stating that constructive possession may be established “if the person has dominion over the premises where the firearm is located, or control, ownership, or dominion over the firearm itself” (internal quotation and citation omitted)
  • finding constructive possession where the gun was under the vehicle’s passenger seat, the defendant was the driver and sole occupant, and the car was registered to both the defendant and his wife
  • affirming conviction for felon in possession of a firearm where there was evidence, inter alia, that the defendant was the driver and sole occupant of the vehicle in which the firearm was found and that the firearm was accessible from the driver’s seat
  • “The Bureau of Prisons is responsible for computing the sentence credit after the defend- ant has begun serving his sentence.”
  • the defendant “was the driver and sole occupant of the car at the time of the incident, and the car had been registered to [the defendant] and his wife for more than two years prior to the arrest”
  • “Prisoners are entitled to administrative review of the computation of their credits, 28 C.F.R. §§ 542.10-542.16, and after properly exhausting these administrative remedies, an inmate may seek judicial review through filing a habeas corpus petition under 28 U.S.C.. § 2241.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Arnold, Colloton, Bogue

Read full opinion on CourtListener

Sourced 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.