00-2432 U.S. v. Steward

By: dmc-admin//June 11, 2001//

By: dmc-admin//June 11, 2001//

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“[T]he government argued again that Steward’s holding of the package in his left hand, however fleetingly, the resulting control over it, and dropping it in hope of concealment established possession of it. … The government argues that Judge Murphy’s finding that Steward did not possess the 8-gram package was clearly erroneous because these references showed his belief that he could not find possession without finding ownership. [U.S. v. Kitchen, 57 F.3d 516 (7th Cir.1995)] surely does not stand for that proposition, and it is clear to us that Judge Murphy did not base his finding on it, but rather on his conclusion that Steward held the package only momentarily, and for the purpose of selecting the crack he desired to purchase.”

Affirmed.

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