United States v. Fykes

ORDER AND JUDGMENT **

Robert E. Baeharach, Circuit Judge

This appeal involves issues of probable cause, the meaning of constructive possession, and the reasonableness of a sentence. The case began with a 911 call, in which the caller stated that two men in a red sedan were forcing a woman to engage in prostitution. The 911 call led the police to arrest two occupants of a red sedan. One of them was the defendant, Mr. Michael Fykes.

The police then searched the sedan and found a backpack containing a handgun. Mr. Fykes admitted that he owned the backpack but denied ownership of the handgun; he…