Task: Wrong Candidate Generation
Input (English): Cir.1996). And, despite Shorter’s contention to the contrary, the fact that the weapons were not in plain view does not preclude a finding of constructive possession. The apartment was not so large, and the weapons were not so well hidden, as to prohibit a reasonable fact finder from concluding that Shorter was aware of their presence. Cf. Kitchen, 57 F.3d at 519-21 (affirming conviction for constructive possession of firearm found in dresser drawer when evidence indicated that defendant had access to bedroom where dresser was located). This is particularly so in view of the fact that ammunition for one of the firearms was found in plain view in the apartment, and a holster was found in the closet of the bedroom where Shorter’s personal papers were located. Cf. Surratt, 172 F.3d at 564 (<HOLDING>). IV. Finally, Shorter argues that the district 
 Holding statements: (A) holding that a second state court conviction for simple possession of narcotics is an aggravated felony as defined in 8 usc  1101a43 (B) holding that a spouses joint occupancy of a home where drug paraphernalia was found was insufficient to establish the spouses constructive possession (C) recognizing that firearms are regularly found on narcotics traffickers (D) holding in part that defendant charged with unlawful possession of heroin marihuana and narcotics implements was eligible for a conditional discharge (E) holding that evidence supported finding of constructive possession of concealed narcotics in part because narcotics paraphernalia was found in residence
Output (English): holding that a spouses joint occupancy of a home where drug paraphernalia was found was insufficient to establish the spouses constructive possession