United States Fifth Circuit

Defendant's conviction of illegal possession of a "Masterpiece MAC-9mm"-style assault rifle in violation of 18 U.S.C. section 922(g)(1) and his corresponding 108-month prison sentence are affirmed where: 1) undisputed witness testimony established that the gun at issue was found under defendant's seat in a vehicle -- the "paradigmatic constructive possession" scenario in which Rule 404(b) evidence is warranted; and 2) the district court's lengthy and weighted discussion of other significant, permissible factors belied defendant's argument that the alleged error affected his substantial rights.

Appellate Information

• Decided 09/17/2010
• Published 09/17/2010

Judges

• Jennifer Walker Elrod

Court

• United States Fifth Circuit

Counsel