constructive-possession
25 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-7072 | Tevin Abercrombie v. United States | First Circuit | 2026-03-19 | Pending | Response WaivedIFP | beyond-reasonable-doubt constructive-possession criminal-conviction firearm-possession intent-element miscarriage-of-justice | Whether a miscarriage of justice occurred where Petitioner was convicted of unlawfully possessing a firearm, for which the government only established… |
| 25-6893 | Eduard Gasparyan v. United States | Ninth Circuit | 2026-02-24 | Denied | Response WaivedIFP | constructive-possession federal-rule-of-criminal-procedure-41(g) jurisdiction property-seizure restitution-order state-federal-cooperation | Whether the federal government "constructively possesses" property seized by state law enforcement—thereby conferring jurisdiction under Federal Rule … |
| 25-6663 | Richard Kirkland Johnson v. United States | Fourth Circuit | 2026-01-23 | Denied | Response WaivedIFP | constructive-possession criminal-law criminal-procedure firearm-possession knowledge-inference temporary-occupancy | Whether the mere presence of a firearm s in a bag on a shelf in a residence is sufficient to presume a defendant's knowledge and constructive possessi… |
| 25-6469 | Charles Grim Rudolph v. United States | Eleventh Circuit | 2026-01-02 | Denied | Response WaivedIFP | burden-of-proof constructive-possession criminal-firearms-offense dominion-and-control felon-in-possession reasonable-doubt | In a prosecution for knowing possession of a firearm and ammunition by a convicted felon, does the government satisfy its burden of proof beyond a rea… |
| 25-6329 | Tommie Slack v. United States | Ninth Circuit | 2025-12-09 | Denied | Response WaivedIFP | constructive-possession control criminal-law dominion firearm-possession intent | Whether establishing constructive possession of a location is sufficient to establish constructive possession of contraband found in the location occu… |
| 25-5465 | David Nicholson v. United States | Fifth Circuit | 2025-08-25 | Denied | Response WaivedIFP | constructive-possession controlled-substance criminal-procedure dominion-and-control intent-to-distribute post-offense-admission | 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) constr… |
| 24-5324 | Marnell Johnson v. United States | Third Circuit | 2024-08-16 | Denied | Response WaivedIFP | 5th-amendment circuit-split constructive-possession criminal-procedure due-process joint-possession | Does the 3rd Circuit's interpretation of constructive possession doctrine, especially in joint constructive possession cases, violate the 5th Amendmen… |
| 23-7357 | Jesus Robledo Aguilar v. United States | Ninth Circuit | 2024-05-01 | Denied | Response WaivedIFP | circuit-split constructive-possession criminal-law criminal-procedure drug-offense drugs firearms safety-valve sentencing sentencing-relief statutory-interpretation | Does simultaneous constructive possession of drugs and firearms disqualify a defendant for safety valve relief? |
| 22-7249 | Daryl Lee Godette Jr. v. United States | Fourth Circuit | 2023-04-10 | Denied | Response WaivedIFP | burden-of-proof constructive-possession criminal-procedure drug-possession due-process evidence evidence-standard possession reasonable-doubt | Whether the Government proved beyond a reasonable doubt that Mr. Godette possessed the heroin found in the apartment. |
| 22-5183 | Douglas Emmanuel Carey, III v. United States | Sixth Circuit | 2022-07-26 | Denied | Response WaivedIFP | constructive-possession drug-distribution drug-quantity evidence-reliability expert-testimony opinion-witness sentencing-determination voice-identification wiretap-evidence wiretap-necessity | I. Numerous lay witnesses were allowed to "identify" Mr. Carey's voice on recorded telephone calls despite a lack of reliability in the identification… |
| 22-5002 | Richard Winn v. United States | Third Circuit | 2022-06-30 | Denied | Response WaivedIFP | 18-usc-922 18-usc-925 armed-career-criminal constructive-possession criminal-firearms sentencing-enhancement shular-v-united-states statutory-interpretation third-circuit | The first question presented is whether or not the Petitioner, RICHARD WINN, should have been sentenced as an Armed Career Criminal (ACCA) requiring t… |
| 21-6701 | Nakyia D. Parker v. Douglas Fender, Warden | Sixth Circuit | 2021-12-22 | Denied | Response WaivedIFP | consecutive-sentences constitutional-rights constructive-possession criminal-evidence due-process fair-trial jury-instructions motion-to-suppress sentencing-error sufficiency-of-evidence | WHETHER PETITIONER-APPELLANT, PARKER WAS DENIED A FAIR AND IMPARTIAL TRIAL DUE TO SEVERAL MAJOR CONSTITUTIONAL AND DUE PROCESS RIGHT VIOLATIONS THAT I… |
| 21-911 | Dan V. Sharp v. United States | Fifth Circuit | 2021-12-21 | Denied | Response Waived | confrontation-clause constructive-possession criminal-procedure double-jeopardy due-process firearms-offense ineffective-assistance joinder motion-to-suppress severance | Whether the Court erred in failing to sever the counts by date. Whether the Court erred in requiring the Appellant to appear in shackles in front of … |
| 21-5514 | Diandra Marie Harvey v. United States | Fifth Circuit | 2021-08-30 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 18-usc-3553(f) constructive-possession discretionary-review fifth-circuit firearm supervisory-powers | Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Circuit")–which affirmed the decision of the District Court t… |
| 20-6189 | Francisco Javier Nunez v. United States | Fifth Circuit | 2020-11-02 | Denied | Response WaivedIFP | 5th-amendment base-offense-level constructive-possession due-process fifth-amendment firearm firearm-enhancement scienter sentencing-enhancement substantive-due-process | Whether the District Court denied the Petitioner's constitutional right to substantive due process under the Fifth Amendment in this constructive poss… |
| 20-5879 | Michael Matthew Phillips v. United States | Fourth Circuit | 2020-10-01 | Denied | Response WaivedIFP | 4th-amendment constructive-possession criminal-law criminal-procedure evidence felon-in-possession firearm-evidence rule-404b rules-of-evidence witness-testimony | 1. Whether evidence that a defendant walked with a person to a public place where the other person retrieved a firearm is sufficient to show that the … |
| 20-5761 | In Re Antonio M. Bogan | 2020-09-23 | Denied | IFP | certificate-of-appealability collusion constructive-possession due-process habeas-corpus judicial-review procedural-fairness retaliation | Whether habeas corpus relief is being denied where (a) the State of Illinois failed to prove the substantive demerits of constructive possession — Mr.… | |
| 20-368 | Eric Christopher Hall v. United States | Fourth Circuit | 2020-09-23 | Denied | Response Waived | 5th-amendment appellate-counsel constructive-possession contraband due-process fifth-amendment intent physical-evidence presentence-report residence | I. Does constructive possession established without showing intent or any physical evidence linking defendant to contraband found in a storage bedroom… |
| 19-8567 | Thintinus Noseth Taylor v. United States | Ninth Circuit | 2020-05-29 | Denied | Response WaivedIFP | 18-usc-922 2nd-amendment burden-of-proof constructive-possession criminal-procedure criminal-statute due-process firearm-prohibition second-amendment standard-of-proof | Whether the Ninth Circuit's low burden of proof for possession of a firearm in cohabitation cases extends the scope of 18 U.S.C. § 922(g) beyond its p… |
| 19-8277 | Abraham A. Augustin v. United States | Sixth Circuit | 2020-04-17 | Denied | Response WaivedIFP | ancillary-jurisdiction bivens-action civil-procedure constructive-possession criminal-investigation criminal-procedure fed-r-crim-p-16 fed-r-crim-p-41 jurisdiction property-seizure | 1. Whether the district court had ancillary jurisdiction over property seized during the criminal investigation of an offense prosecuted in said dis… |
| 19-7305 | William James Springer v. United States | Fourth Circuit | 2020-01-16 | Denied | Response WaivedIFP | actual-possession constructive-possession criminal-procedure drug-trafficking firearm-possession foreseeability jointly-undertaken-activity sentencing-enhancement sentencing-guidelines | Whether a defendant's sentence can be enhanced under U.S.S.G. § 2D1.1(b)(1) for possession of a firearm in connection with a drug trafficking offense … |
| 19-5919 | Marlon Romaine Carter v. Louisiana | Louisiana | 2019-09-12 | Denied | Response WaivedIFP | constructive-possession criminal-conviction due-process felon-in-possession fourteenth-amendment jackson-v-virginia sixth-amendment sufficiency-of-evidence | I. Whether the State of Louisiana misapplied Jackson v. Virginia sufficiency of evidence test when holding, to the contrary, the evidence was sufficie… |
| 19-5098 | Ronald F. White, Jr. v. United States | Eighth Circuit | 2019-07-08 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | circuit-split constructive-possession criminal-intent criminal-law evidence-requirement firearm-registration mens-rea national-firearms-act staples-v-united-states | In Staples v. United States, the Court held that to obtain a conviction under 26 U.S.C. § 5861(d), the government was required to prove that the defen… |
| 18-7950 | Marquette Walker v. United States | Sixth Circuit | 2019-02-13 | Denied | Response WaivedIFP | 4th-amendment constructive-possession criminal-law criminal-procedure due-process evidence evidence-law premises-liability search-and-seizure | DOES NONEXCLUSIVE POSSESSION OF A PREMISES SERVE TO ESTABLISH CONSTRUCTIVE POSSESSION OF ITEMS FOUND WITHIN THE PREMISES. |
| 18-5904 | Donavan Cross v. United States | Eighth Circuit | 2018-09-06 | Denied | Response WaivedIFP | confrontation-clause constructive-delivery constructive-possession controlled-substance-offense controlled-substances criminal-law criminal-procedure drug-delivery due-process intent sentencing sentencing-guidelines testimonial-evidence | (1) Whether a statute that criminalizes a constructive delivery of drugs without bona fide intent to transfer possession is a felony "controlled subst… |