United States v. Lamar Tucker, 2013 U.S. App. LEXIS 24667

Police searched 2950 West Harrison St., Apartment 502, with a warrant; Tucker was not present.
Officers found a Sears Roebuck rifle under a mattress in the apartment; documents bearing Tucker’s name were recovered.
Additional items included $237 cash, eight bags of heroin in a potato chip bag, and ammunition.
Tucker was apprehended nearby; during a post-arrest interview he said he was holding the gun for a friend.
Tucker was charged with possessing a firearm after a felony conviction under 18 U.S.C. § 922(g)(1); defense argued lack of substantial connection to the apartment and fabrication of admissions.
At trial, Tucker presented testimony from Vanessa Tucker and Tequillia Williams to show he did not live in the apartment; an officer testified Vanessa pointed to Tucker’s room when asked which bedroom was his.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for constructive possession	Tucker admitted holding for a friend; sufficient to prove possession.	Ownership/possession tied to residence; defense credibility undermines link to apartment.	Sufficient evidence supported constructive possession.
Effect of admitting Tucker's prior felonies	Admission of six felonies could prejudice Tucker.	Admission would preclude a fair trial; Tucker did not testify.	Claim waived; conviction affirmed.

United States v. Morris, 576 F.3d 661 (7th Cir. 2009) (insurmountable hurdle for sufficiency review)
United States v. Pulido, 69 F.3d 192 (7th Cir. 1995) (standard for insufficiency review)
United States v. Warren, 593 F.3d 540 (7th Cir. 2010) (sufficiency review framework; light most favorable to government)
United States v. Caldwell, 423 F.3d 754 (7th Cir. 2005) (elements of § 922(g)(1) possession case)
United States v. Bloch, 718 F.3d 638 (7th Cir. 2013) (admission of statements can prove possession)
United States v. Kelly, 519 F.3d 355 (7th Cir. 2008) (credibility determinations of testimonial evidence)