context: The fact that Newsom was the only person in the SUV where the gun was found underneath his seat supports the conclusion that Newsom had the power to exercise dominion and control over the firearm. But the defendant's mere presence in a car where a gun is found and proximity to a gun are insufficient proof of constructive possession.
citation_a.signal: see also
citation_a.identifier: 750 F.2d 34, 37
citation_a.parenthetical: finding insufficient evidence of possession where two guns were found in a waste basket near Beverly, despite the fact that one of the guns carried Beverly's fingerprint
citation_a.sentence: See United States v. Blue, 957 F.2d 106, 108 (4th Cir.1992) (reversing upon a finding of insufficient evidence of possession where a gun was found under the passenger seat in which Blue was riding, despite an officer’s testimony that he saw Blue’s shoulder dip as if he was concealing something under the seat); see also United States v. Beverly, 750 F.2d 34, 37 (6th Cir.1984) (finding insufficient evidence of possession where two guns were found in a waste basket near Beverly, despite the fact that one of the guns carried Beverly’s fingerprint).
citation_b.signal: see
citation_b.identifier: 957 F.2d 106, 108
citation_b.parenthetical: reversing upon a finding of insufficient evidence of possession where a gun was found under the passenger seat in which Blue was riding, despite an officer's testimony that he saw Blue's shoulder dip as if he was concealing something under the seat
citation_b.sentence: See United States v. Blue, 957 F.2d 106, 108 (4th Cir.1992) (reversing upon a finding of insufficient evidence of possession where a gun was found under the passenger seat in which Blue was riding, despite an officer’s testimony that he saw Blue’s shoulder dip as if he was concealing something under the seat); see also United States v. Beverly, 750 F.2d 34, 37 (6th Cir.1984) (finding insufficient evidence of possession where two guns were found in a waste basket near Beverly, despite the fact that one of the guns carried Beverly’s fingerprint).