United States v. Fernando Francis, United States of America v. Clara Francis, and Fernando Francis

CORNELIA G. KENNEDY, Circuit Judge.

Defendant-appellant Fernando Francis appeals his conviction by a jury of possessing five grams of heroin with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). In addition, Francis and his mother, Clara Francis, appeal the District Court’s ruling that neither established a claim to lawful possession of approximately $20,000 seized from a room in her home during a search by Drug Enforcement Administration (DEA) agents.

Defendant owned and operated “Poncho’s Barbershop” on West McNichols in Detroit, Michigan. He received mail and occasionally spent a…