Isiаh Kitchen was associated with the El Rukn street gang. For activities arising out of that association, a grand jury charged Kitchen with the possession of cocaine with intent to distribute and with the possession of firearms by a felon. A jury convicted Kitchen of both offenses. Kitchen appeals, suggesting that the evidence is insufficient to support either conviction. We accept the jury verdict as to the conviction for the pos *519 session of the firearm. We believe, however, that the evidence was insufficient to support the conviction for the possession оf cocaine. We therefore affirm in part and reverse in part.
I.
The police arrested Isiah Kitchen as part of an undercover narcotics operation. In March, 1989, undercover agents posing as drug dealers apprehended him during the course of a sale — also termed a “reverse buy” — of cocaine. Later that day, federal agents recovered two firearms from the house that Kitchen shared with his girlfriend. These events form the basis for Kitchen’s convictions.
The specifics of the reverse buy are largely undisputed. The government engineered the setup by contacting Lawrence Griffin, a longtime acquaintance of Kitchen and an associate of the El Rukn street gang. Griffin was, at that time, incarcerated at the Cook County Jail. Griffin and Kitchen had several discussions over a three-month period. A number of these discussions proved to be fruitless, ultimately failing to result in a scheduled transaction. Griffin and Kitchen stayed in touch, however, with Kitchen able to page Griffin (actually federal agents) at a number Griffin had provided. Finally, Griffin and Kitchen agreed to a sale. Griffin told Kitchen that he would be released firom prison soon, and that at that time, he would be able to deal narcotics. After further negotiations, Kitchen agreed to purchase two kilograms of cocaine from Griffin. The parties decided to transact the deal the next day for a total price of $28,000. Kitchen was to bring $14,-000 to the deal, with Griffin “fronting” him the remainder of the cocaine for payment at a later date.
The next day, authorities removed Griffin from prison for the purpose of conducting the transaction. Griffin telephoned Kitchen. The two men agreed to meet at Montrose Harbor at 3:00 p.m. that afternoon. At the scheduled time, Griffin traveled to the Harbor with Special Agent Michael Casali, who was posing as a drug trafficker. Griffin and Casali waited for Kitchen to arrive. Kitchen arrived with an individual named Kenneth Dowdell and parked his car behind the undercover vehicle. Griffin and Casali entered Kitchen’s vehicle. At that point, Kitchen and Dowdell produced $14,000 in cash in a series of envelopes. Kitchen left the cash with Dowdell and accompanied Casali to the location of the cocaine in order to “check the merchandise.” Griffin and Dowdell stаyed with the cash in Kitchen’s vehicle. Another special agent, Eduardo Fernandez (Fernandez), was waiting at a different location with two kilograms of cocaine in the trunk of his car.
Casali and Kitchen pulled up to the right of Fernandez’s car. The three men then met at the rear of that car, where Fernandez had popped the hatchback. A white garbage bag containing two kilograms of cocaine sat in the trunk. One of the agents opened the bag to reveal two packages of cocaine. The parties dispute exactly what hapрened next. Kitchen contends that he never touched the cocaine. The government suggests that Kitchen picked up one of the kilograms of cocaine for “two or three seconds.” All agree that Kitchen made a comment expressing concern about the drug’s purity — that he was worried about “slabs” (apparently one of the most desirable forms of cocaine). At that point, Casali and Fernandez placed Kitchen under arrest.
Following the arrest, agents served a search warrant on Mary Williams’s residence in Chicago. The search uncovered a fully loaded .357 magnum revolver and a .9 millimeter semiautomatic handgun. Both weapons were found in a bedroom on the first floor of the residence. The .357 magnum was discovered in the bed area, leaning up against the back of the headboard. The .9 millimeter was recovered from a dresser drawer along with an additional magazine of ammunition.
In the same bedroom, agents found both men’s and women’s clothing, shoes and toiletries. They also found miscellaneous papers and invoices bearing the name “Ike Kitchen.” Among these papers were somе containing handwritten numerical figures like those on papers seized from Dowdell at the scene of the arrest. In addition, agents located a gold *520 bracelet with Kitchen’s El Rukn nickname lying on the dresser.
Whether Kitchen actually lived with Williams is the subject of some dispute. Kitchen claims to have been residing with his mother in Robbins, Illinois. He denies living with Williams and suggests that he only stayed overnight with her occasionally. The government points to evidence of Kitchen’s presence at Williams’s house. Kitchen apparently gave Williams’s telephone number to Griffin, and was observed at Williams’s аddress on a number of occasions. In addition, the government suggests that Kitchen was responsible for $10,000 worth of repairs on Williams’s basement.
The jury ultimately found the government’s version of events credible. They found Kitchen guilty of possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1), and of possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1). Kitchen appeals, suggesting that the evidence was insufficient to support both determinations.
II.
A defendant challenging the sufficiency of the evidence supporting a jury’s verdict bears a “heavy burden.”
United States v. Olson,
To convict Kitchen of the unlawful possession of a firearm by a felon, the government had the burden of proving: (1) that he had a previous felony conviction, (2) that he possessed a firearm and (3) that the firearm had traveled in or affected interstate commerce.
See
18 U.S.C. § 922(g)(1);
Garrett,
Possession may be either actual or constructive.
Garrett,
Constructive possession exists when a person does not have actual possession but instead knowingly has the power and the intention at a given time to exercise dominion and control over an object, either directly or through others....
Under the doctrine of constructive possession, the jury could have determined that Kitchen possessed the weapons. The evidence adduced at trial suggested that Kitchen was something more than a casual visitor at Williams’s home. In many of the recorded drug conversations with Kitchen, agents had reached him by calling the telephone number at that address. According to the government, Kitchen had stated that he lived at that address. Agents in fact saw Kitchen at that address on numerous occasions. The search revealed, in addition to the firearms, a number of Kitchen’s possessions — his El Rukn bracelet, bills and papers bearing his name and various articles of men’s clothing. Finally, the government also came forward with evidence suggesting that Kitchen had spent about $10,000 on repairs to Williams’s basement. Kitchen argues that he in fact lived with his mother in Robbins, Illinois, and only visited Williams occasionally. But the jury was under no obligation to accept his testimony on this point. It could have in *521 stead concluded that Kitchen shared the residence with Williams.
Such a conclusion supports the determination that Kitchen constructively possessed the handguns found at the residence. “Constructive possession can be established by a showing that the firearm was seized at the defendant’s residence.”
United States v. Boykin,
Neither is it material that other adults had access to the residence and may have had the same power to exercise control over the firearms that Kitchen hаd. Constructive possession may be either sole or joint.
See Garrett,
The evidence is therefore sufficient to support Kitchen’s conviction for a felon’s possession of a firearm under Section 922(g)(1). The jury might have determined that he lived at the residence and occupied the bedroom where the guns were located. Under these circumstances, we believe that Kitchen constructively possessed the guns in question.
The sufficiency of the evidence supporting Kitchen’s conviction for the possession of cocaine under 21 U.S.C. § 841(a)(1) gives us more pause, however. In order to sustain a conviction under 21 U.S.C. § 841(a)(1), the government must show that: (1) the defendant knowingly or intentionally possessed cocaine, (2) he possessed cocaine with the intent to distribute it and (3) he knew that the material was a controlled substance.
United States v. Windom,
As the foregoing discussion demonstrates, the doctrine of “possession” contains concepts that can become almost metaphysical. Few would suggest that “possession” of an object should be confined to instances' of physical holding. The second part of this case raises the opposite, yet related, question: is any physical holding — no matter the circumstances — sufficient to establish possession? It is the government’s position that Kitchen actually possessed the cocaine because he picked up one of the kilograms for 2 or 3 seconds. 1
Possession, again, may be either “actual” or “constructive.”
See United States v. Perry,
These eases do discuss actual possession, each ultimately suggesting that the government need not risk a defendant’s escapе in order to produce evidence for a later charge of possession.
See also United States v. Maldonado,
Toro
and
Jones
and
Posner
do not otherwise support the government’s position, which we understand to be some extraordinarily literal application of the definition of “possession.” The government suggests that any time a defendant has an object in his hands, the law should recognize his “possession” of it. Yet none of the eases upon whiсh the government relies embraces such an application of the doctrine. Instead, in each, the defendant engaged in some act that was clearly consistent with transporting the narcotics away from the scene of the transaction. In
Toro,
the defendant took the cocaine from the government agent and put it in a briefcase which he then locked.
This conduct — all acts indicating that transportation of narcotics is imminent — is important precisely because it is unequivocal. By taking delivery of the drug and loading it into a briefcase or a van, a defendant clearly demonstrates his assent to the drug transaction. Here, however, we have no indication of assent. The record is devoid of evidence that Kitchen intended to walk away with the narcotics or otherwise transport them. This factual distinction might not be dispositive if the record rеvealed any evidence that Kitchen had completed the sale or indicated some sort of unequivocal agreement to complete the drug transaction. Given that sort of clear evidence, perhaps a momentary holding, without more, would be sufficient to demonstrate actual possession. But that is not the ease before us now.
The undisputed evidence in Kitchen’s case tells a strikingly different story — different, ultimately, because here, the sale of the drugs remained incomplete at the time of arrest, and the record reveals no other indiсation that Kitchen would have proceeded with the drug sale. On the day of the proposed transaction, Kitchen and his coeonspir-ator Dowdell met the government informant Griffin and the undercover agent Casali at a predetermined location. There, the four men got into Kitchen’s ear. The stated plan was for Kitchen to pay for one kilogram of cocaine and have the remaining kilogram “fronted” to him for payment at a later date. Tr. 205. Kitchen showed Casali the money and then handed it to his coconspirator, Dow-dell. Casali admitted that at no point did either Kitchen or Dowdell offer Griffin or him the money or attempt to hand the money over. Tr. 262. Instead, Kitchen left the money with Dowdell and proceeded to another location with Casali to examine the drugs.
Both at the initial meeting and en route to the second location, Casali repeatedly urged Kitchen to “check out the merchandise” or otherwise inspect the narcotics. Tr. 213, 263-66, 272-73, 278-79, 313-15. Griffin, too, suggested that Kitchen should satisfy himself by inspecting the drugs. Tr. 247, 616. It is *523 clear that Kitchen proceeded to the second location with Casali to do just this.
It is also clear, however, that at the seeond location, no transaction occurred. Casali admitted that Kitchen never stated that he would complete the transaction or made a similar affirmative comment to that effect. Tr. 284. Instead, Kitchen made a statement expressing doubt about the quality of the cocaine. Tr. 218, 279, 1041-42. These factors indicate that the transaction simply had not been completed at the time of Kitchen’s arrest. Kitchen had neither tendered any portion of the money nor otherwise agreed to complete the transaction. Absent evidence suggesting that the transaction was in any sense final or certain, we are quite uncomfortable with the notion that momentary contact with narcotics establishes actual possession.
Our discomfort stems from a number of sources. First, the cases upholding convictions for possession do so only in the context of some sort of unequivocal conduct on the part of the defendants. Often, as in
Toro, Jones
and
Posner,
that conduct will consist of actions consistent with transporting the drug away from the site of the deal. In other circumstances, however, the conduсt may be more idiosyncratic. In
Santiago v. United States,
We do not attempt to use the present case to formulate a rule workable for all circumstances. Nor, by focusing on the incomplete nature of the narcotics deal here, do we wish to suggest that all drug transactions must be “complete” in order to later establish possession at trial. Of necessity, the particulars of a given drug transaction will drive the determination that a certain aspect of the defendant’s conduct is unequivocal enough to establish pоssession. But here, nothing in the record convinces us that Kitchen’s momentary holding constitutes possession of the drugs. Money had not yet changed hands, and Kitchen had not otherwise assented to the deal.
See Toro,
By demanding some sort of unequivocal conduct or assent to the transaction we do not invade the jury’s province. We remain aware that the jury is entrusted with finding the facts, and we remain bound by the principle that we must view the evidence in the light most favorable to the government.
Garrett,
This demand is hardly foreign to the doctrine of possession. Constructive possession, as developed in this circuit, expressly demands this sort of showing.
United States v. Manzella,
The facts suggest that it was absent in this case. The constructive possession cases teach that a defendant must have ultimate control over the drugs. This requirement translates into the right, or the recognized authority within the “criminal milieu,” to possess the drugs in question.
Manzella,
These factors are dispositive in the present case. Although Kitchen held the cocaine in his hand, he did not yet have a recognized authority to exert control over it. This is so not because the presence of federal agents would have ultimately prevented his success,
Toro,
The government does, however, point to evidence of Kitchen’s
intent
to transaсt a drug deal. And it suggests that the jury concluded that Kitchen
intended
to purchase the cocaine. It further suggests that various indicia of Kitchen’s intent should be sufficient to establish possession of the narcotics. In support of this conclusion, the government highlights the repeated phone conversations between Kitchen and Griffin discussing potential transactions; Kitchen’s various admissions about unrelated drug dealings; and Kitchen’s arrival at the scene with the required cash in hand.
3
Yet these
*525
factors establish only that Kitchen intended to purchase cocaine, and Kitchen’s
intent to
purchase, without more, is insufficient to establish possession because it overlooks the required element of dominion or control.
See Toro,
By reading the element of control out of the equation, we risk confusing possession with attempted possession. It is well-established that intent is a key element of the doctrine of attempted possession.
United States v. Weaver,
The intent to engage in a drug transaction, without more, cannot support a conviction for possession. The missing link in this ease is the ability to control the contraband. Had the evidence indicated some sort of unequivocal assent to the transaction, then a momentary holding might have been sufficient to establish the required element of control. But the momentary holding upon which the government relies here simply is not adequate to оvercome our concerns. There simply is no evidence — such as payment of the purchase price or verbal agreement — that the drug transaction was in any sense certain or complete. We believe that although Kitchen held the drugs for a moment, he neither controlled them nor had recognized authority over them. His conduct was consistent with inspection — but nothing more. Lack of control is dispositive under both the doctrines of actual and constructive possession.
See Toro,
III.
Because the evidence established that Kitchen resided in the home in which the police located the firearms, it was sufficient to support Kitchen’s conviction for the possession of a firearm. We therefore AffiRM in part. We are not, however, persuaded that the momentary holding that occurred here established Kitchen’s possession — either actual or constructive — of the cocaine. Kitchen’s conviction for possession of cocaine is therefore Reveksed.
Notes
. Kitchen contends that he never actually touched the cocaine and points to an expert’s inability to locate his fingerprints on the bags containing the substance. Tr. 341-42. Given the standard for our review of a jury's verdict,
see Garrett,
. Implicit in a common-sense understanding of possession — both actual and constructive — is the notion thаt a defendant has some right or ability to control the disposition of an object. An approved jury instruction on actual possession, for instance, states that a “person who knowingly has direct physical control over a thing, at a given time, is then in actual possession of it.”
See United States v. Perlaza,
. The government also points to a statement Kitchen made just prior to his arrest. As he was picking up the cocaine, Kitchen stated: "I was worried about slabs.” Tr. 284. A slab, apparently, is one of the most desirable forms of cocaine. Tr. 1041, 1045-46. Kitchen claims that this statement indicated his desire tо purchase slabs and was thus an expression of worry about the quality of the cocaine that the agents had offered to him. Tr. 1041-42. Casali, the government agent conducting the operation, appears to have understood it as such. Tr. 218, 279. Yet the government suggested at oral argument that the statement is evidence of Kitchen's intent to go forward with the transaction. Its theory, apparently, involves a focus upon verb tense. It claims that Kitchen's statement that he was worried should be read as a statement that he had been worried, but that he was not worried any longer.
Although we find this focus on verb tense dubious, we note that resolution of the matter has no bearing on the outcome of the case. Even if the government is correct (a matter which we *525 doubt), the statement at most demonstrates Kitchen's intention to purchase cocaine, which, for the reasons stated, is insufficient to establish possession.
. The government argues that the jury’s rejection of an attempt conviction, despite instructions on that point, effectively establishes possession. This argument ignores our obligation as a reviewing court, which is to articulate the boundaries of the legal doctrines involved in the case.