United States v. Garrison Harris

328 F. App'x 612

• Court: Court of Appeals for the Eleventh Circuit
• Decided: July 8, 2009
• Docket: 08-14553
• Status: Unpublished

Opinion

PER CURIAM:

Garrison Harris appeals his conviction for being a felon in possession of a firearm. 18 U.S.C. §§ 922(g)(1), 924(a)(2). Harris argues that the government failed to prove that he knowingly possessed the firearm. We affirm.

We review de novo the denial of a judgment of acquittal. See United States v. Evans, 473 F.3d 1115, 1118 (11th Cir.2006). To establish that a person is a felon in possession of a firearm, the government must prove beyond a reasonable doubt that the defendant was a convicted felon who knowingly possessed a firearm and that the firearm affected interstate commerce. See United States v. Glover, 431 F.3d 744, 748 (11th Cir.2005). The possession may be constructive, in which case the government must prove the defendant exercised either “ ‘ownership, dominion, or control’ over the firearm.” United States v. Molina, 443 F.3d 824, 829 (11th Cir.2006) (quoting United States v. Ferg, 504 F.2d 914, 916 (5th Cir.1974)).

The district court did not err by denying Harris’s motion for a judgment of acquittal. Harris admitted to the arresting officers that he knew a firearm was in the car and he had attempted to conceal the firearm behind the passenger seat. Harris’s statement established that he knowingly possessed the weapon.

Harris’s conviction is AFFIRMED.