At the conclusion of the Government's case, Edwards moved pursuant to Fed. P. 29 for a judgment of acquittal. The district court reserved ruling on the motion until the close of the evidence, at which time the motion was denied. The case then went to the jury, which convicted Edwards as charged. In order to convict a defendant for possession with intent to distribute a controlled substance, the Government must establish that the defendant possessed the controlled substance.
Possession can be either actual or constructive.
A defendant has actual possession of a substance when he has direct physical control over the contraband. The only point at which Edwards had any physical control over the cocaine was when he picked up the manila envelope and briefly inspected its contents. We have previously held that mere inspection of contraband, standing alone, is not sufficient to establish possession. Edwards therefore never had actual possession of the cocaine. In the absence of actual possession, the Government must prove constructive possession.