United States v. Noel Barron-Rivera
91 Daily Journal DAR 273, 922 F.2d 549, 91 Cal. Daily Op. Serv. 284 (1991)
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Rule of Law:
A person has knowing, voluntary possession of contraband if they have knowledge of the contraband's presence on their premises and permit it to remain, as this constitutes constructive possession through dominion and control over the premises.
Facts:
- Noel Barron-Rivera, a citizen of Mexico, had previously been convicted of three felonies in the state of Washington.
- On April 11, 1989, Barron-Rivera was deported from the United States.
- Following his deportation, Barron-Rivera unlawfully re-entered the country.
- He moved back into a residence in Yakima, Washington, where he lived.
- A .32 caliber Colt pistol and ammunition were located under the mattress of the bed in Barron-Rivera's room.
- Barron-Rivera became aware of the gun's presence and permitted it to remain in the residence.
- Barron-Rivera later conceded that he was the owner of the gun.
Procedural Posture:
- Noel Barron-Rivera was indicted in U.S. District Court on three counts: being an alien unlawfully in the U.S. after deportation, being an illegal alien in possession of a firearm, and being a felon in possession of a firearm.
- Barron-Rivera waived his right to a jury trial, and a bench trial was conducted.
- The district court judge found Barron-Rivera guilty on all three counts.
- The court sentenced Barron-Rivera to three concurrent eighteen-month terms of imprisonment.
- Barron-Rivera appealed his convictions and sentence to the United States Court of Appeals for the Ninth Circuit, arguing the government failed to prove intent.
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Issue:
Does a defendant have the requisite general intent for knowing possession of a firearm under 18 U.S.C. § 922(g) if they learn of the firearm's presence in their residence and subsequently permit it to remain?
Opinions:
Majority - Boochever, Circuit Judge
Yes. A defendant has the requisite general intent for knowing possession of a firearm if they know the firearm is present on their premises and do nothing to remove it. The government can prove possession through evidence of either actual or constructive possession. Constructive possession is established by demonstrating the defendant had ownership, dominion, or control over the contraband itself or the premises where it was found. Here, Barron-Rivera not only owned the gun but also lived in the room where it was kept and knew of its location. By knowingly permitting the gun to remain after he learned of its presence, he exercised dominion and control over it, thereby satisfying the element of knowing and voluntary possession.
Analysis:
This decision clarifies the scope of constructive possession for federal firearm offenses. It establishes that a defendant's passive acquiescence to the presence of known contraband on their premises is sufficient to constitute knowing possession. This lowers the evidentiary burden for the prosecution, as they do not need to prove the defendant actively acquired or placed the firearm. Instead, proof of the defendant's knowledge combined with their control over the location where the firearm is found is enough to secure a conviction, reinforcing the principle that one cannot avoid liability by simply ignoring illegal items within their control.
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