18 F.3d 954 (D.C. Cir. 1994), 93-3128, U.S. v. Jackson

• Citation: 18 F.3d 954
• Party Name: UNITED STATES of America v. Darnell K. JACKSON, Appellant.
• Case Date: March 09, 1994
• Court: United States Courts of Appeals, U.S. Court of Appeals — District of Columbia Circuit

Page 954

18 F.3d 954 (D.C. Cir. 1994)

UNITED STATES of America

v.

Darnell K. JACKSON, Appellant.

No. 93-3128.

United States Court of Appeals, District of Columbia Circuit

March 9, 1994

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTADC Rule 28 and FI CTADC Rule 36 regarding use of unpublished opinions)

Appeal from the United States District Court for the District of Columbia, No. 92cr 00449-01; Norma Holloway Johnson, District Judge.

D.D.C.

AFFIRMED.

Before: EDWARDS, BUCKLEY and SENTELLE, Circuit Judges.

JUDGMENT

PER CURIAM.

This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. The court has determined that the issues presented occasion no need for a published opinion. See D.C.Cir.Rule 36(b). It is

ORDERED AND ADJUDGED that Jackson's conviction be affirmed for the reasons stated in the accompanying memorandum.

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C.Cir.Rule 41.

ATTACHMENT

MEMORANDUM

Darnell Jackson appeals his conviction for possession by a convicted felon of a firearm transported in interstate commerce, in violation of 18 U.S.C. §§ 922(g)(1) (possession) and 2 (aiding and abetting).

Jackson asserts that the evidence was insufficient to support his conviction. However, viewing the evidence in the light most favorable to the government, a rational jury could have found that Jackson had the requisite knowledge and the requisite dominion and control over the shotgun to warrant conviction under a constructive possession or aiding and abetting theory. In particular, we note the testimony that Jackson had a brief conversation with the driver of a black pickup truck and then made a pointing gesture; that, in a nearby parking lot shortly thereafter, Jackson accompanied Bruce Morton as Morton transferred two objects from the black pickup truck to Jackson's Isuzu; that at least one of the objects "look[ed] like" a shotgun; that Jackson shook the pickup driver's hand when the transfer was complete; that Jackson then fled from the police; and that a shotgun stock and receiver and a compatible barrel were recovered in the area where an object was thrown from the Isuzu during the ensuing chase.

Jackson also asserts that...