United States v. White, No. 18-2233 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed defendant's conviction on remand of possession of an unregistered firearm. The court held that there was ample circumstantial evidence for the district court to reasonably infer defendant constructively possessed the shotgun because he had access to and control over the duffel bag found in his bedroom closet and had knowledge of the shotgun because it was found inside the duffel bag along with the revolver, which had his DNA on it, and the train ticket in his name. The court also held that there was ample circumstantial evidence for the district court to reasonably infer that defendant knew the shotgun had a bore diameter of more than one half inch. Therefore, defendant was aware of the shotgun's physical characteristics that brought it within the ambit of the National Firearms Act.
Court Description: Shepherd, Author, with Gruender and Wollman, Circuit Judges] Criminal case - Criminal law. For the court's prior opinion in the matter, see U.S. v. White, 863 F.3d 784 (8th Cir. 2017)(en banc). There was ample circumstantial evidence for the district court to find defendant constructively possessed the shotgun in question because he had access to and control over the duffel bag found in his bedroom closet and had knowledge of the shotgun because it was found inside the duffel bag, together with a revolver, which had his DNA on it, and a train ticket in his name; there was ample circumstantial evidence for the district court to reasonably infer that defendant knew the shotgun had a bore diameter of more than one-half inch and thus fell within the ambit of the National Firearms Act. [ February 14, 2019
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