Sufficiency of Evidence

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7^th Circuit Court of Appeals

Case Name: United States of America v. Shamone White

Case No.: 23-1315

Officials: Scudder, St. Eve, and Lee, Circuit Judges.

Focus: Sufficiency of Evidence

White was convicted by a jury of possessing marijuana with intent to distribute, possessing a firearm in furtherance of a drug trafficking crime, and possessing a firearm as a felon. White contested his firearm convictions, asserting that the prosecution failed to present sufficient evidence to establish possession. He also contended that the district court’s jury instructions were erroneous, allowing for a guilty verdict solely based on his admission of touching the gun a week before his arrest.

White’s arrest occurred subsequent to a vehicle stop in which he was a passenger. During the stop, police discovered two bags, one of which White admitted to owning, containing cash and cannabis. The other bag, which White disclaimed ownership of, contained a firearm, ammunition, scales with cannabis residue, and assorted items.

The court concluded that the evidence adequately supported each conviction and determined that the jury instruction was not misleading. It emphasized that possession could be either actual or constructive. The court reasoned that a reasonable jury could infer White’s constructive possession of the firearm due to its proximity, the presence of drug residue scales in the same bag, and the fact that the combined contents of the bags constituted a comprehensive set of drug trafficking tools. Additionally, the court found that White’s admission of having previously handled the gun did not mislead the jury. Consequently, the district court’s judgment was affirmed.

Affirmed.

Decided 03/15/24

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