United States v. Benford

A jury convicted Kenroy Benford of being a felon in possession of a firearm based on his constructive possession of a loaded pistol that police seized from an apartment bedroom he shared with his girlfriend. On appeal, Benford argued the district court: (1) abused its discretion by admitting evidence under Federal Rule of Evidence 404(b) about (i) his possession of a different firearm during a recent sidewalk confrontation, and (ii) text messages he had sent three months earlier suggesting he had firearms to trade; (2) letting the jury’s guilty verdict stand despite insufficient evidence that he had constructively possessed the pistol in the apartment by knowingly having the power to exercise dominion or control over the pistol; and (3) it incompletely instructed the jury on constructive possession by not advising the jury that it could convict only if it also found that Benford intended to exercise dominion or control over the pistol. The Tenth Circuit affirmed the district court’s evidentiary rulings and its denials of Benford’s motions for acquittal, but reversed and remanded for a new trial based on the erroneous jury instruction. View "United States v. Benford" on Justia Law