United States of America, Plaintiff-appellee, v. Michael Christman, Defendant-appellant, 956 F.2d 1168 (9th Cir. 1992)

Appeal from the United States District Court for the Eastern District of Washington, No. CR-90-00050-01-JL; Justin L. Quackenbush & Edward Rafeedie, District Judges, Presiding.

E.D. Wash.

AFFIRMED.

Before EUGENE A. WRIGHT and ALARCON, Circuit Judges, and FONG,^**  District Judge.

MEMORANDUM^*** 

Christman appeals his conviction and sentence under 21 U.S.C. § 841(a) (1) for possession of cocaine with intent to distribute and under 18 U.S.C. § 924(c) for use of a firearm in connection with a drug trafficking crime. We affirm.

* In our opinion, sufficient evidence supported that Christman possessed the cocaine in the house. To prove constructive possession, the government must show "a sufficient connection between the defendant and the contraband to support the inference that the defendant exercised dominion and control over the substance." United States v. Terry, 911 F.2d 272, 278 (9th Cir. 1990). A name on the container in which the drugs are found can be enough to establish constructive possession. E.g. United States v. Valenzuela, 596 F.2d 824 (9th Cir. 1979). Possession can also be established when the defendant acts to conceal drugs. See United States v. Rodriguez, 761 F.2d 1339 (9th Cir. 1985) (where two people are present the one making an effort to conceal the contraband had possession).

Cocaine was found in several locations, including two boxes marked with Christman's name. Police found large amounts of cash, a scale and other drug paraphernalia. Christman responded to the police's announced entry by pointing a nine millimeter semi-automatic pistol at an officer's head. A reasonable jury could well infer that he possessed the drugs.

II

Christman contends that the title to his vehicle should not have been admitted as evidence of his address. We agree with the district court that the title falls within the public records exception to the hearsay rule. Fed.R.Evid. 803(A) (8).

III

We also find no error in Christman's conviction for using a firearm in connection with a drug trafficking offense in violation 18 U.S.C. § 924(c). He concedes that he aimed a gun at the officer's head in a house where drugs and contraband were found. It is apparent that he confronted police to protect his drugs and contraband. United States v. Castillo, 866 F.2d 1071 (9th Cir. 1988).

IV

Nor do we find any error in the court's refusal to award a two point reduction for acceptance of responsibility. The court determined that Christman had understated his role in the offense, showed no remorse, and was distributing on a much wider scale than he admitted.

AFFIRMED.