IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 09-51005

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ANTHONY FREEMAN JACKSON,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 7:09-CR-106-1

Before JONES, Chief Judge, and GARZA and BENAVIDES, Circuit Judges.

PER CURIAM:

*

Anthony Freeman Jackson appeals his conviction following a jury trial for

being a felon in possession of a firearm. Jackson argues that the evidence was

insufficient to support his conviction.

Jackson argues that the Government failed to prove the “possession”

element of the offense beyond a reasonable doubt because the Government

proved only that he had “handled” a firearm and not that he had “possessed” it.

United States Court of Appeals

Fifth Circuit

F I L E D

August 4, 2010

Lyle W. Cayce

Clerk

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

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No. 09-51005

This court reviews the denial of a motion for acquittal de novo. United

States v. Clayton, 506 F.3d 405, 412 (5th Cir. 2007). In determining the

sufficiency of the evidence, the court must review the evidence and the

inferences arising therefrom in the light most favorable to the verdict and

determine whether a rational jury could find the defendant guilty beyond a

reasonable doubt. Id. “The evidence need not exclude every reasonable

hypothesis of innocence or be wholly inconsistent with every conclusion except

that of guilt, and the jury is free to choose among reasonable constructions of the

evidence.” Id. (internal quotations and citations omitted).

To prove the felon in possession charge, the Government had to prove that

Jackson had previously been convicted of a felony, that he had possession of a

firearm, and that the firearm in question had traveled in and/or affected

interstate commerce. 18 U.S.C. § 922(g)(1); United States v. Daugherty, 264 F.3d

513, 515 (5th Cir. 2001). The parties stipulated that Jackson has a prior felony

conviction and that the firearm discovered in his apartment traveled in

interstate commerce.

Possession of a firearm may be actual or constructive and may be proved

by circumstantial evidence. United States v. McCowan, 469 F.3d 386, 390 (5th

Cir. 2006). “Actual possession means the defendant knowingly has direct

physical control over a thing at a given time.” See United States v. Munoz, 150

F.3d 401, 416 (5th Cir. 1998).

The evidence introduced at trial was sufficient to show that Jackson had

actual possession of a firearm. In particular, the Government presented

testimony that Jackson was carrying a gun as he ran away from police officers;

that he threw it under a bush; that officers recovered the gun from under the

bush; and that his DNA was on the gun and the clip. This testimony establishes

that Jackson had knowing, physical control over a firearm on the night of

April 19th, 2009. See Munoz, 150 F.3d at 416.

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No. 09-51005

Viewing the evidence as a whole and the credibility findings in the light

most favorable to the verdict, a rational jury could have reasonably concluded

that the evidence established beyond a reasonable doubt that Jackson was a

felon in possession of a firearm, in violation of § 922(g)(1).

Jackson’s conviction is AFFIRMED.

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