United States Tenth Circuit

The permissive inference jury instruction was not a model of clarity, but district court did not abuse its discretion in using it; defendant's constructive possession of the hidden drugs was more likely than not to flow from the undisputed fact of his sole possession of the minivan.

Appellate Information

• Decided 05/10/2004
• Published 05/10/2004

Judges

• MURPHY, Circuit Judge., Before MURPHY, ANDERSON, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Kurt P. Kerns,Ariagno, Kerns, Mank & White, LLC, Wichita, KS, for Defendant-Appellant., Matt Treaster, Assistant United States Attorney (Eric F. Melgren, United States Attorney, with him on the brief), Wichita, KS, for Plaintiff-Appellee.