1. Home
  2. Browse Decisions
  3. F.3d
  4. 180 F.3d
  5. 180 F.3d 965 (1999)
 

U.S. v. MARTIN

No. 98-3569.

180 F.3d 965 (1999)

UNITED STATES of America, Appellee, v. David John MARTIN, also known as David Jon Martin, also known as David Munckin, also known as Joseph Martin, also known as Little Dave, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 10, 1999.

Attorney(s) appearing for the Case

John C. Brink, Minneapolis, MN, argued (Daniel L. Gerdts, on the brief), for Appellant.

Clifford B. Wardlaw, Minneapolis, MN, argued, for Appellee.

Before BEAM and HEANEY, Circuit Judges, and GOLDBERG, Judge of the United States Court of International Trade.

BEAM, Circuit Judge.

David John Martin was convicted of being a felon in possession of a firearm. See 18 U.S.C. § 922(g). Although Martin never actually possessed the firearm, he was convicted on a theory of "constructive possession" and sentenced to 120 months in prison. We find the evidence insufficient, and therefore reverse and vacate.

I. BACKGROUND

In reviewing the sufficiency of the evidence, we look at the evidence in the light...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases