United States v. Acosta

ORDER AND JUDGMENT *

TIMOTHY M. TYMKOVICH, Circuit Judge.

Juan Carlos Acosta was convicted of possessing drugs while on supervised release, pursuant to 18 U.S.C. § 3583(e)(3). In his appeal, Acosta argues the district court erred in finding by a preponderance of the evidence that he constructively possessed cocaine found in the master bedroom of the apartment where he lived; and that, even if the government did meet its burden, the evidence was not sufficient to show that Acosta possessed the cocaine with an intent to distribute.

Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we AFFIRM.

I.…