Legal Opinion

United States v. Sean Jenkins

Court of Appeals for the Third Circuit

Decided July 26, 1996No. 95-1606PublishedCited by 71 opinions

1Opinion of the Court

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 had dominion and control over the drugs. We will, therefore, reverse Jenkins’ conviction on all counts.

I

Around 1:30 a.m. on February 10, 1994,…

2Cases cited11 opinions

  1. Nye & Nissen v. United StatesSupreme Court of the United States · 1949
  2. United States v. Rufus Brown, Rodney Franklin, Ama Baltimore, Rufus Brown, in 92-3491, Ama Baltimore, in 92-3562Court of Appeals for the Third Circuit · 1993
  3. United States v. Noel S. Brett, A/K/A Michael Wilson, United States of America v. Hilroy Anthony Grey, A/k/a: Holroy Anthony Gray, James R. MonroeCourt of Appeals for the Eighth Circuit · 1989
  4. United States v. Sylvia Vasquez-Chan, United States of America v. Julia Gaxiola-CastilloCourt of Appeals for the Ninth Circuit · 1992
  5. United States v. Mark IafeliceCourt of Appeals for the Third Circuit · 1992

6 more not listed; retrieve them via the Exa API.

3Cited by71 opinions

  1. United States v. Marlon GarthCourt of Appeals for the Third Circuit · 1999
  2. United States v. Hilton A. Lake, Hilton A. LakeCourt of Appeals for the Third Circuit · 1998
  3. United States v. WalkerCourt of Appeals for the Third Circuit · 2011
  4. United States v. Markwann Lemel GordonCourt of Appeals for the Third Circuit · 2002
  5. United States v. James Powell, at No. 96-7242, Antonio Powell, at No. 96-7274Court of Appeals for the Third Circuit · 1997

66 more not listed; retrieve them via the Exa API.

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