· 8/20/2013
United States v. Terrance Walker
Citations
- 734 F.3d 451
- 2013 WL 4417533
- 2013 U.S. App. LEXIS 17265
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a “visible” gun located near the defendant and positioned so the defendant could easily “come up with it like a normal hold” suffices to establish constructive possession of the firearm
- holding evidence sufficient to establish possession, “whether actual or constructive,” for weapon possession conviction where indictment alleged defendant “knowingly possess[ed] a firearm and or ammunition in and affecting commerce” (alteration in original)
- explaining that constructive possession may be proven by direct or circumstantial evidence
- “Walker’s conviction [for possession of a firearm] is defensible despite the absence of forensic evidence.”
- “Our prior decisions show that the quantum of evidence necessary to overcome Bailey is minimal in both the actual and constructive possession contexts.”
- “Our . . . decisions show that the quantum of evidence necessary to overcome Bailey is minimal in . . . the . . . constructive possession context[].”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gibbons
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.