UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-4441
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LYNN BARNARD BALDWIN,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. N. Carlton Tilley,
Jr., Senior District Judge. (1:09-cr-00215-NCT-1)
Submitted: December 21, 2010 Decided: January 3, 2011
Before NIEMEYER and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Louis C. Allen III, Federal Public Defender, Gregory Davis,
Winston-Salem, North Carolina, for Appellant. John W. Stone,
Jr., Acting United States Attorney, Michael F. Joseph, Assistant
United States Attorney, Greensboro, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
A jury convicted Lynn Barnard Baldwin of possession of
a firearm after being convicted of a felony, in violation of 18
U.S.C. § 922(g)(1) (2006). Baldwin appeals, arguing that the
United States failed to present evidence sufficient to support
his conviction. For the reasons that follow, we affirm.
Federal law has long provided that convictions
supported by substantial evidence must stand. Glasser v. United
States, 315 U.S. 60, 80 (1942). Evidence is substantial when,
considered in the light most favorable to the government, “a
reasonable finder of fact could accept [it] as adequate and
sufficient to support a conclusion of a defendant’s guilt beyond
a reasonable doubt.” United States v. Burgos, 94 F.3d 849, 862
(4th Cir. 1996) (en banc). In evaluating the sufficiency of the
evidence, “we do not review the credibility of the witnesses and
assume that the jury resolved all contradictions in the
testimony in favor of the government.” United States v. Foster,
507 F.3d 233, 245 (4th Cir. 2007).
Convictions for possession of firearms may be upheld
based on constructive possession, and possession need not be
exclusive. Burgos, 94 F.3d at 873. To establish constructive
possession, there must be evidence “that the defendant
intentionally exercised dominion and control over the firearm,
or had the power and the intention to exercise dominion and
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control over the firearm.” United States v. Scott, 424 F.3d
431, 435-36 (4th Cir. 2005), or over the premises or vehicle
where the contraband is concealed. United States v. Singleton,
441 F.3d 290, 296 (4th Cir. 2006). Either direct or
circumstantial evidence may establish constructive possession.
United States v. White, 405 F.3d 208, 214-15 (4th Cir. 2005).
Baldwin answered the door for police officers
attempting to serve a warrant on his wife at her residence.
After Baldwin gave officers permission to search the residence
for his wife, the officers found marijuana and a pipe on the
living room table. Baldwin then granted the officers permission
to search the residence for illegal drugs as well. The ensuing
search revealed ammunition in a dresser drawer. Baldwin
informed police that a shotgun was wrapped in a green blanket
underneath the bed. According to Baldwin, he and his wife had
brought the shotgun along when they moved to their current
residence ten months previously. Additionally, Baldwin’s mother
confirmed at trial that Baldwin sometimes resided at his wife’s
residence. Taking these facts in the light most favorable to
the prosecution, we conclude that the evidence was sufficient.
Accordingly, we affirm the district court’s judgment.
We dispense with oral argument because the facts and legal
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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED
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