Filed: Jan. 09, 1998
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-50377 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOHN C. MILLIKIN, III, Defendant-Appellant. Appeal from the United States District Court For the Western District of Texas (SA-96-CR-327-1) January 7, 1998 Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges. PER CURIAM:* A jury convicted defendant John C. Millikin, III, for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1).
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-50377 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOHN C. MILLIKIN, III, Defendant-Appellant. Appeal from the United States District Court For the Western District of Texas (SA-96-CR-327-1) January 7, 1998 Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges. PER CURIAM:* A jury convicted defendant John C. Millikin, III, for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). ..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-50377
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHN C. MILLIKIN, III,
Defendant-Appellant.
Appeal from the United States District Court
For the Western District of Texas
(SA-96-CR-327-1)
January 7, 1998
Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges.
PER CURIAM:*
A jury convicted defendant John C. Millikin, III, for being a
felon in possession of a firearm, in violation of 18 U.S.C. §
922(g)(1). Millikin raises a sufficiency of the evidence challenge
to his conviction. He argues that the evidence at trial
demonstrated that his father was in joint occupancy of the house in
which the weapons attributed to Millikin were found. He also
contends that his father was the owner and sole possessor of the
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
firearms. Accordingly, he asserts that the evidence was
insufficient to prove that he was either in constructive or actual
possession of the firearms.
Normally, the government may establish constructive possession
where the defendant exercises “ownership, dominion, or control over
the contraband itself or dominion or control over the premises in
which the contraband is concealed.” United States v. Mergerson,
4
F.3d 337, 349 (5th Cir. 1993). In joint occupancy situations,
however, mere control or dominion over the place in which the
contraband is found is insufficient to establish constructive
possession. See
id. Rather, in such situations, we require
evidence “supporting at least a plausible inference that the
defendant had knowledge of and access to the weapon or contraband.”
Id.
As this is a sufficiency of the evidence challenge following
a jury conviction, we review the evidence in the light most
favorable to the government. See United States v. Ivy,
973 F.2d
1184, 1188 (5th Cir. 1992). Here, there was ample evidence offered
at trial to indicate that Millikin in fact was the sole occupant of
the residence in which the guns were found. Sole occupancy and
dominion over the house in which the weapons were found would
support a finding of constructive possession. See United States v.
Ybarra,
70 F.3d 362, 365 (5th Cir. 1995). Alternatively, the
government offered evidence that Millikin had knowledge of the
weapons in his house, and at least one of the firearms was found
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next to his bed. The jury could reasonably have concluded that
even if this were a joint occupancy situation, Millikin had
knowledge of and ready access to the contraband. See
Mergerson, 4
F.3d at 349. Thus, there was adequate circumstantial indicia of
Millikin’s possession to support his conviction. See
id.
AFFIRMED.
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