David Nicholson v. United States
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.
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