[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
MAY 1, 2008
THOMAS K. KAHN
No. 07-15424
CLERK
Non-Argument Calendar
________________________
D. C. Docket No. 07-00005-CR-4-RH
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
COREY TYRELL JOHNSON,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Florida
_________________________
(May 1, 2008)
Before TJOFLAT, BLACK and WILSON, Circuit Judges.
PER CURIAM:
Corey Johnson appeals his conviction for possession of stolen firearms, in
violation of 18 U.S.C. §§ 922(j) & 924(a)(2). On appeal, Johnson argues that the
government presented insufficient evidence at trial to establish his actual
possession or constructive possession of the stolen firearms. Therefore, he
contends, there was insufficient evidence for an objectively reasonable jury to find
him guilty.
When, as here, a defendant fails to move for a judgment of acquittal after all
of the evidence has been presented, reversal of the conviction is appropriate only to
prevent “a manifest miscarriage of justice.” United States v. Bender, 290 F.3d
1279, 1284 (11th Cir. 2002). Under this standard, the evidence on a key element
of the offense must be “so tenuous that a conviction would be shocking.” Id. In
reviewing witness testimony, “[t]he jury gets to make any credibility choices, and
we will assume that they made them all in the way that supports the verdict.”
United States v. Thompson, 473 F.3d 1137, 1142 (11th Cir. 2006), cert. denied,
127 S. Ct. 2155, 167 L. Ed. 2d 882 (2007).
In this case, to establish possession of a stolen firearm, the government must
prove beyond a reasonable doubt that the defendant: (1) possessed; (2) a stolen
firearm; (3) which was part of interstate commerce; (4) knowing or having
reasonable cause to believe that the firearm was stolen. See 18 U.S.C. § 922(j).
Possession can be actual or constructive. United States v. Garcia-Jaimes, 484 F.3d
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1311, 1323 (11th Cir. 2007). To establish constructive possession, “the
government must show that the defendant exercised ownership, dominion, or
control over the firearm or the [property] concealing the firearm.” Id. (alteration in
original) (internal quotation marks omitted).
Each element of the offense was sufficiently established by the government.
The jury was free to reject Johnson’s testimony that he was intoxicated when he
admitted to purchasing the stolen guns. For these reasons, Johnson has failed to
establish that his conviction was the result of a manifest miscarriage of justice.
Accordingly, we affirm Johnson’s conviction.
AFFIRMED.
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