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United States of America v. Cory L. Griffin

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ARGUED MARCH 30, 2012-

Before BAUER, POSNER, and HAMILTON, Circuit Judges.

A jury convicted Cory Griffin of intentional possession of a firearm and ammunition as a convicted felon in violation of 18 U.S.C. § 922(g)(1). On appeal, Griffin’s principal argument is that the evi- dence presented at his trial was not sufficient to support his conviction because there was no evidence that he actually intended to exercise any control over his father’s firearms in his parents’ home where he was living at the time. We agree and therefore reverse his conviction. Griffin was present in a home where firearms were present, but the government offered no evidence that would have allowed a reasonable jury to find beyond a reasonable doubt that he had construc- tive possession of the firearm and ammunition for which he was convicted by intending to exercise con- trol over them.

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