Does the government have to rely on the same evidence as the jury verdict on the possession count?

The government relies on the same evidence to support the jury verdict on the possession count. Where, as here, the premises are shared by more than one person, mere proximity to contraband, presence on the property where it is found, and association with a person or persons having control of it are insufficient to establish constructive possession. See United States v. Behanna, 814 F.2d 1318, 1320 (9th Cir.1987). A person may not be convicted of illegal possession unless it has been shown that he knows contraband is present and he is capable of exercising dominion and control over the contraband. Id. at 1319.

The district court was correct in its determination that the evidence was insufficient to support the jury's conclusion.