[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 08-14553 JULY 8, 2009
Non-Argument Calendar THOMAS K. KAHN
________________________ CLERK
D.C. Docket No. 07-00315-CR-J-20-TEM
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GARRISON HARRIS,
Defendant-Appellant.
________________________
Appeal from the United States District Court for the
Middle District of Florida
_________________________
(July 8, 2009)
Before MARCUS, PRYOR and ANDERSON, Circuit Judges.
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.
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