UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40318
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
OSCAR DEAN DAVIS,
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of Texas
(2:97-CR-6-ALL)
January 6, 1999
Before POLITZ, Chief Judge, STEWART and PARKER, Circuit Judges.
PER CURIAM:*
Oscar Dean Davis appeals his bench trial convictions on four counts of
being a felon in possession of a firearm. Candidly conceding that the
government met its burden of proof as to the other elements of the offense,
Davis challenges the sufficiency of the evidence as to the element of knowing
possession. He contends that he and his ex-wife were joint owners of the house
where the guns were found and that there was no evidence that he exercised any
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
control over them.
The law is clear that in a joint occupancy situation, mere control or
dominion over the place where the weapon is found is not sufficient to establish
constructive possession. Rather, there must be some evidence “supporting at
least a plausible inference that the defendant had knowledge of and access to the
weapon.”1
It is abundantly clear from the record that Davis had knowledge of the
weapons; he admitted that he had fired one of them and was aware of the
existence of the other three, indeed he testified that he had spoken about them
with the local police chief.
1
United States v. Ybarra, 70 F.3d 362, 365 (5th Cir. 1995).
2