· 12/31/2012
United States v. Talvin Lawing
Citations
- 703 F.3d 229
- 2012 U.S. App. LEXIS 26642
- 2012 WL 6734785
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, to establish § 922(g)(1) offense, proof of actual or exclusive possession is not necessary; constructive possession is sufficient
- “[A] district court may consider conduct of which a defendant has been acquitted if the conduct has nonetheless been proved by a preponderance of the evidence.”
- “Multiplicity is the charging of a single offense in several counts.” (internal quotation marks omitted)
- “Constructive possession is established when the government produces evidence that shows ownership, dominion, or control over the contraband itself or the premises ... in which the contraband was concealed.”
- same where it showed that the car belonged to the defendant and the shotgun shells at issue were found in the car’s glove box along with the defendant’s identification 10 Case: 12-15756 Date Filed: 02/19/2014 Page: 11 of 26 card
- same for § 922(g)(1) offense
Source: CourtListener parenthetical corpus (CC0).
Judges: Agee, Wynn, Floyd
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.