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U.S. v. BLUE

No. 90-5540.

957 F.2d 106 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Herbert Randolph BLUE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 19, 1992.

Attorney(s) appearing for the Case

George Alan DuBois, Jr., Asst. Federal Public Defender, Raleigh, N.C., argued (William E. Martin, Federal Public Defender, on brief), for defendant-appellant.

Paul Alexander Weinman, Asst. U.S. Atty., Greensboro, N.C., argued (Robert H. Edmunds, Jr., U.S. Atty., on brief), for plaintiff-appellee.

Before PHILLIPS and HAMILTON, Circuit Judges, and HEANEY, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

OPINION

HEANEY, Senior Circuit Judge:

Herbert Blue appeals his conviction for knowingly possessing a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(e)(1). Because the government failed to prove that Blue actually or constructively possessed the firearm in question, we reverse his conviction.

BACKGROUND

On the night of November 5, 1990, police officer James Clobes was watching a Durham,

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