David Nicholson v. United States
JusticiabilityDoctri
Whether a conviction under 21 U.S.C. § 841 for possession with intent to distribute a controlled substance can be sustained based solely on constructive possession inferred from joint occupancy or proximity to hidden contraband without clear evidence of dominion and control, and an uncorroborated post-offense admission not made to law enforcement
1. Whether a conviction under 21 U.S.C. § 841 for possession with intent to distribute a controlled substance can be sustained based solely on (1) constructive possession inferred from joint occupancy or proximity to hidden contraband without clear evidence of dominion and control, and (2) an uncorroborated post-offense admission not made to law enforcement, where no independent evidence confirms the essential element of possession. STATEMENT REGARDING PARTIES TO THE CASE The names of all parties to the case are contained in the caption of the case.