Government must prove more than mere proximity in order to obtain conviction for felonious possession of firearm

SUFFICIENCY OF EVIDENCE United States v. Hooks, No. 08-7021, ___ F.3d ___ (10th Cir. Jan. 9, 2009)(E.D. Oklahoma). Appeal of conviction for being felon in possession of firearm in violation of 18 U.S.C. § 922(g)(1) and (2). HELD: Evidence did not support defendant’s conviction for possession of firearm as prior convicted felon where evidence consisted of nothing more than defendant’s presence in vehicle occupied by four persons, ambiguous recorded statements made to co-defendant, and location where firearm was found by side of road. Government’s evidence established defendant’s proximity to firearm, but failed to show defendant’s knowledge of weapon or dominion or control over it as opposed to other occupants of vehicle. Read the opinion here.