United States v. Erick Morales , 539 F. App'x 726 ( 2013 )

FILED
NOT FOR PUBLICATION AUG 21 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-10339
Plaintiff - Appellee, D.C. No. 2:10-cr-01706-GMS-1
v.
MEMORANDUM*
ERICK DAVID MORALES,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
G. Murray Snow, District Judge, Presiding
Argued and Submitted August 14, 2013
San Francisco, California
Before: REINHARDT, NOONAN, and HURWITZ, Circuit Judges.
Erick Morales appeals his conviction of one count of being a felon in
possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g)(1). We
have jurisdiction under 28 U.S.C. § 1291and affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Morales argues that there was insufficient evidence for the jury to find that he
constructively possessed the firearm and ammunition. He testified that he did not
have control over the residence in which the items were seized because it was owned
by his parents, who also lived there. Morales claimed that his father was going to use
the gun recreationally, and that he was never at the house when the gun was present.
However, the firearm - which contained a loaded magazine - was found next to
Morales's bed, in a room he occupied exclusively. In a bedside dresser, police officers
found two boxes and a Ziploc bag full of ammunition compatible with the firearm; in
his closet, they found another loaded magazine compatible with the firearm and a
copy of a bill of sale matching the firearm. Morales's fingerprints were on the Ziploc
bag and one of the boxes of ammunition. "[U]nder the highly deferential standard of
review there was sufficient evidence to sustain the verdict." United States v. Terry,
911 F.2d 272, 278 (9th Cir. 1990).
AFFIRMED.