Page 33 - TPA Journal March - April 2018

shotgun during drug deals. The Government there- was in the house, a reasonable jury could have
fore met its burden to establish constructive pos- credited Pucketts testimony over Gutierrezs.
session. Pucketts testimony supports an inference of con-
structive possession.
The evidence is also sufficient to support the con- For the foregoing reasons, Suarezs convictions on
viction as to Count IV, involving the Ithaca. all counts are AFFIRMED. However, we
Puckett testified that Suarez was usually at the VACATE the district courts sentencing order as to
house when Puckett purchased drugs and that the Count II and REMAND for resentencing.
Ithaca shotgun was always by the dresser in the
master bedroom. Though Gutierrez testified that U.S. v. Suarez, 5th Cir., No. 16-41267, Jan. 12th,
neither she nor Suarez knew the Ithaca shotgun 2018.

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