United States Court of Appeals

for the Fifth Circuit

No. 21-30370

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Damien Justin, 

Defendant—Appellant.

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 2:19-CR-57-1

Before Wiener, Dennis, and Haynes, Circuit Judges.

Per Curiam:*

Defendant-Appellant Damien Justin appeals his jury-trial conviction 

for possession of a firearm by a felon, in violation of 18 U.S.C. § 922(g)(1). 

He contends that the evidence was insufficient to support the conclusion that 

he knowingly possessed a firearm. 

* Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

June 15, 2022

Lyle W. Cayce

Clerk

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We review properly preserved claims of sufficiency of the evidence de 

novo. United States v. Daniels, 723 F.3d 562, 569 (5th Cir.), modified in part 

on reh’g, 729 F.3d 496 (5th Cir. 2013). We give substantial deference to the 

jury verdict when reviewing a challenge to the sufficiency of the evidence 

under this standard of review. United States v. Chon, 713 F.3d 812, 818 (5th 

Cir. 2013). When we view the evidence in the light most favorable to the 

Government, we ask only whether a rational jury could have found the 

essential elements of the offense beyond a reasonable doubt. Id. 

We conclude here that based on the evidence presented at trial a

rational jury could have determined that Justin knew that the two firearms at 

issue were in his bedroom’s nightstand. Special Agent Steven Rayes testified 

that Justin confessed to occupying the master bedroom and using the

firearms found in the nightstand for protection. This confession was 

corroborated by independent evidence indicating that the box for one of the 

firearms was in plain view in the master bedroom closet among Justin’s 

clothes. See United States v. Deville, 278 F.3d 500, 506 (5th Cir. 2002). 

Further, independent evidence indicated that Justin had dominion and 

control over the master bedroom in which the loaded firearms were found. 

See id.; United States v. Meza, 701 F.3d 411, 419-20 (5th Cir. 2012). 

Specifically, law enforcement agents testified that they found Justin’s cell 

phone, driver’s license, clothes, wallet, money, financial documents, and 

mail in the master bedroom, and that they provided photos of the same. See

id.

Even absent Justin’s confession, his dominion and control over the 

area where the firearms were found is sufficient to establish that he knowingly 

possessed them. See id. Although the firearms were not in plain view, they 

were located in the top drawer of the master bedroom’s nightstand, a location 

“where they could hardly have escaped [Justin’s] knowledge.” United States 

v. Smith, 591 F.2d 1105, 1107 (5th Cir. 1979). In light of the foregoing, a 

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rational jury could have found, beyond a reasonable doubt, that Justin 

knowingly possessed the firearms. See Chon, 713 F.3d at 818.

AFFIRMED.

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