dissenting:
When viewed in the light most favorable to the government I believe there existed sufficient evidence for the jury to have returned its verdict of guilty. I therefore respectfully dissent.
Possession with intent to distribute is established through “proof of the defendant’s actual or constructive possession of the [controlled substances].” United States v. Gordils, 982 F.2d 64, 71 (2d Cir.1992). “To prove that a defendant constructively possessed narcotics, the government must establish that the defendant knowingly had the power and intention at a given time to exercise dominion and control over [the drugs].” United States v. Martinez, 44 F.3d 148, 154 (2d Cir.1995)(internal quotations omitted). Thus, the government must present “indi-cia of dominion or control,” id., which can include any relevant evidence connecting the individual to the particular site or contraband. See id. (indicating valid “indicia” might include keys to an apartment or car, addressed documents such as bills or check stubs, or eyewitnesses who link a defendant to a particular residence); see also United States v. Rios, 856 F.2d 493, 496 (2d Cir.1988)(proximity of defendant to controlled substances at time of arrest deemed persuasive indicia).
In the instant case, the evidence presented by the government is slender but sufficient. Because the evidence presented to the jury was described in detail in the original opinion, see United States v. Muniz, 60 F.3d 65, 67-68 (2d Cir.1995), I shall briefly highlight only the most salient facts.
First of all, the jury acted reasonably in finding that Muniz resided at apartment 6C. Although Muniz’ mother was the sole person listed as a tenant of the apartment, Muniz was found alone in the apartment on the day of the search, lying in bed in one of the apartment’s two bedrooms. He was wearing a cast on his leg, and required crutches to move about. A key to the front door of the apartment was found on the bedside table. In addition, Muniz had been seen by the police at the apartment building several times before the search of the apartment, each time wearing a cast and carrying crutches. A reasonable inference for the jury to draw in light of this evidence is- that Muniz had come to his mother’s apartment to recuperate from an injury and planned to stay until he regained physical capacity, thereby establishing a temporary residence. It is also reasonable for the jury to infer that the heroin was intended for someone residing in the apartment, either Muniz or his mother. Although the piece of mail in the mailbox addressed to Wilfredo Kirkaldy might suggest that this Kirkaldy occupied the apartment or otherwise had access to the mailbox, a reasonable inference is that Kirkaldy was a prior tenant or that the mail was misdelivered.
Second, empty glassine envelopes were found inside the bedroom in which Muniz was staying. These envelopes were similar to the envelopes found in the mailbox except for the fact that they were stamped with the word “Sledgehammer,” not “Flat-liner” or “Monster.” It therefore was reasonable for the jury to connect Muniz, the occupant of the room and presumably the owner of the empty envelopes, to the heroin found in the mailbox.
*117As it is well established that evidence must be found sufficient if, “viewing the evidence in a light most favorable to the government and drawing all reasonable inferences in its favor, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt,” Gordils, 982 F.2d at 70 (quoting Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)(emphasis in original)), I must dissent from the majority’s reversal of the defendant’s conviction.