In what circumstances will a defendant not only be convicted but convicted of drug possession, but of possessing and possessing heroin, not having any authority or control of the drugs?
MultiRegion, United States of America
The following excerpt is from U.S. v. Castillo, 866 F.2d 1071 (9th Cir. 1989):
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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