428 F. App'x 658
8th Cir.2011Background
- Hopkins was convicted of being a felon in possession of ammunition under 18 U.S.C. §§ 922(g)(1), 924(a)(2).
- Jury Instruction No. 16 limited the verdict to whether Hopkins knowingly possessed ammunition.
- Jury Instruction No. 18 defined actual and constructive possession using the Eighth Circuit Model, and omitted the word ‘knowingly’ in the constructive possession paragraph.
- Evidence showed ammunition recovered from a cabinet in Hopkins’ bedroom; the cabinet also contained venue items addressed to Hopkins.
- Hopkins later waived Miranda rights and explained the ammunition came from his girlfriend’s grandfather’s home; Hopkins testified he was not aware of the ammo before the search.
- The district court denied Hopkins’ motions for a directed verdict at trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Plain error for missing ‘knowingly’ in constructive possession | Hopkins | Hopkins | Not plain error; overall charge informed ‘knowingly’ possession. |
| Sufficiency of evidence for knowing possession | Hopkins | Hopkins lacked knowledge of ammo’s presence | Evidence viewed in government’s favor shows joint control and knowledge. |
Key Cases Cited
- United States v. Marcus, 130 S. Ct. 2159 (2010) (plain-error review under Rule 52(b))
- United States v. Woodward, 315 F.3d 1000 (8th Cir. 2003) (contextual review of jury charge as a whole)
- United States v. Brown, 634 F.3d 435 (8th Cir. 2011) (sufficiency of evidence standard de novo; substantial support standard)
- United States v. Clay, 618 F.3d 946 (8th Cir. 2010) (sufficiency standard; deference to jury verdict)