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U.S. v. JENKINS

No. 95-1606.

90 F.3d 814 (1996)

UNITED STATES of America v. Sean JENKINS, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 26, 1996.

Attorney(s) appearing for the Case

Michael R. Stiles, United States Attorney, Walter S. Batty, Jr., Assistant U.S. Attorney, William B. Carr, Jr. (argued), Assistant U.S. Attorney, Office of the U.S. Attorney, Philadelphia, PA, for Appellee.

Robert Epstein (argued), Assistant Federal Defender, Elaine DeMasse, Senior Appellate Counsel, Maureen Kearney Rowley, Chief Federal Defender, Defender Association of Philadelphia Federal Court Division, Philadelphia, PA, for Appellant.

Before: STAPLETON, SCIRICA and COWEN, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Sean Jenkins appeals his conviction on drug possession and related firearms charges. He challenges the sufficiency of the evidence to establish his constructive possession of drugs found near him. Because the evidence showed only that he was in an acquaintance's apartment physically near but not in actual possession of drugs and drug distribution paraphernalia, it does not support the jury's finding that he...

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