In what circumstances will a defendant be found guilty of possession of Class A drugs by reason of joint occupancy of the home where heroin was found in the garage?
MultiRegion, United States of America
The following excerpt is from U.S. v. Castillo, 844 F.2d 1379 (9th Cir. 1988):
In United States v. Valenzuela, 596 F.2d 824 (9th Cir.), cert. denied, 441 U.S. 965, 99 S.Ct. 2415, 60 L.Ed.2d 1071 (1979), the defendant and her husband lived on the premises where heroin was found in the garage in a bag bearing his name. There was no other evidence connecting her to the heroin. We sustained the conviction of the husband, but concluded that proof of joint occupancy of the home was insufficient evidence that she had dominion and control of the narcotics. Id. at 830-31.
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