United States v. Rhone, 2011 U.S. App. LEXIS 15826

Rhone pled guilty in 2006 to transfer of an unregistered sawed-off rifle and unlawful firearm use while user of controlled substances.
District court sentenced Rhone to 37 months' imprisonment followed by 36 months' supervised release; Rhone began release January 2, 2009.
Rhone failed to submit urine samples for drug testing on multiple occasions in 2009.
In April 2010, videos were produced showing Rhone with individuals possessing what appear to be firearms and with drug-related imagery; Rhone admitted failing drug tests on three occasions.
The district court revoked supervised release for four violations and sentenced Rhone to 11 months' imprisonment plus reentry center placement and 24 months of supervised release.
Rhone appealed, arguing lack of proof for the three serious violations and whether revocation could be based solely on drug testing failure.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Mandatory revocation due to possession	Rhone	Rhone	Yes; possession of a firearm and a controlled substance mandatorily supports revocation.
Sufficiency of firearm possession evidence	Rhone	Rhone	Court did not clearly err; video evidence and in-court observations support possession.

United States v. Abfalter, 340 F.3d 646 (8th Cir. 2003) (constructive possession standard for firearms)
United States v. Blackston, 940 F.2d 877 (3d Cir. 1991) (firearm possession may be inferred from context)
United States v. Dobbs, 449 F.3d 904 (8th Cir. 2006) (lay testimony can support firearm identification under §921(a)(3))
United States v. Hunt, 187 F.3d 1269 (11th Cir. 1999) (eye-witness testimony may establish firearm possession)
United States v. Diaz-Carreon, 915 F.2d 951 (5th Cir. 1990) (implausible exculpatory testimony supports finding of guilt)
United States v. Jimenez-Perez, 869 F.2d 9 (1st Cir. 1989) (fabrication can bolster guilt inferences)
United States v. Stephens, 65 F.3d 738 (8th Cir. 1995) (abuse of discretion standard for revocation decisions)