United States DC Circuit

Defendant's conviction for "constructive possession" of a firearm is affirmed over his claim of insufficiency of the evidence and his sentence is vacated pursuant to a Booker challenge.

Appellate Information

• Argued 12/13/2005
• Decided 02/06/2006
• Published 02/06/2006

Judges

• Before:  GINSBURG, Chief Judge, and SENTELLE, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Mary E. Davis, appointed by the court, argued the cause and filed the brief for appellant.


• For Appellees:
  
• Thomas S. Rees, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief were Kenneth L. Wainstein, U.S. Attorney, John R. Fisher, Assistant U.S. Attorney at the time the brief was filed, and Thomas J. Tourish, Jr. and Florence Pan, Assistant U.S. Attorneys.  Roy W. McLeese, III, Assistant U.S. Attorney, entered an appearance.