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Third Circuit reverses for insufficiency in gun possession case - no evidence of constructive possession or aiding and abetting

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

United States v. Cunningham, No. 06-3899 (3d Cir. February 21, 2008) - After a jury trial, Cunningham was convicted of three counts - 1) distribution of crack cocaine, 2) possession with intent to distribute more than 5 grams of crack cocaine and aiding abetting, and 3) a possession of a firearm in furtherance of a drug trafficking crime and aiding and abetting. On appeal, Cunningham challenged the sufficiency of the evidence with respect to the two possession convictions.The gun and drugs that formed the basis for Cunningham?s conviction were found in a back-pack, which Cunningham never held or carried. Rather, the person who held or carried the back pack was Cunningham?s co-defendant. Therefore, the Third Circuit Court of Appeals focused its analysis on whether or not the evidence was sufficient to show that Cunningham constructively possessed the items or aided and abetted his co-defendant?s possession of them...continue to full post

Full post as published by Third Circuit Blog on March 03, 2008 (boomark / email).