Legal Opinion

United States v. Booth

Court of Appeals for the First Circuit

Decided April 10, 1997No. 95-2221PublishedCited by 18 opinions

1Per curiam

Appellant appeals from his conviction as a felon in possession of a firearm. He now contends that the jury instructions defining constructive possession may have allowed the jury to convict him even if he did not know that a gun was present within an area over which he exercised dominion and control. The instructions in this case do not warrant reversal, but we write for the benefit of future cases to pinpoint a correctable ambiguity in previously approved language.

Appellant, a convicted felon, was apprehended while driving alone in a stolen car. A knapsack was on the front passenger seat,…

2Cases cited3 opinions

  1. United States v. Charles LochanCourt of Appeals for the First Circuit · 1982
  2. United States v. Phillip A. WightCourt of Appeals for the First Circuit · 1992
  3. United States v. Carl HallockCourt of Appeals for the First Circuit · 1991

3Cited by18 opinions

  1. United States v. Daisy E. Walls and Sharee S. WilliamsCourt of Appeals for the Seventh Circuit · 2000
  2. United States v. FortesCourt of Appeals for the First Circuit · 1998
  3. United States v. McLeanCourt of Appeals for the First Circuit · 2005
  4. United States v. TaylorCourt of Appeals for the First Circuit · 1998
  5. United States v. RidolfiCourt of Appeals for the First Circuit · 2014

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