United States v. Al-Rekabi

O’BRIEN, Circuit Judge.

A jury convicted Haydar Hameed Al-Rekabi of possession of a stolen firearm in violation of 18 U.S.C. § 922(j). The district court instructed on constructive possession but refused necessity and fleeting possession instructions. Al-Rekabi argues the trial court’s use of constructive possession was too expansive and its view of justification defenses too restrictive. In affirming, we clarify the role of constructive possession and urge the parsimonious use of justification instructions.

Background

The preliminary facts are undisputed. On February 16, 2002, when Al-Rekabi’s…