United States v. Fredrick Garcia-Cruz

FARRIS, Circuit Judge:

Fredrick Garcia-Cruz appeals his jury conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g) (1988), and his sentence imposed under the Armed Career Criminal Act, 18 U.S.C. § 924(e) (1988). Cruz argues that his conviction should be reversed because the district court erred in: (1) refusing his proffered jury instruction on constructive possession; (2) failing to hold a Franks hearing and failing to suppress evidence seized during a search of Cruz’s residence; (3) admitting statements made by Cruz allegedly after his invocation of the…