What is the test for sustaining a conviction for possession of methamphetamine with intent to distribute, and for being a felon in possession of a firearm?

MultiRegion, United States of America

The following excerpt is from U.S. v. Argento, 95 F.3d 1158 (9th Cir. 1996):

To sustain a conviction for possession of methamphetamine with intent to distribute the government must prove beyond a reasonable doubt that: (i) the defendant knowingly possessed methamphetamine; and (ii) with an intent to distribute it. United States v. Ocampo, 937 F.2d 485, 488 (9th Cir.1991).

To sustain a conviction for being a felon in possession of firearms, the government must prove beyond a reasonable doubt that: (i) the defendant knowingly possessed a firearm that had been transported from one state to another; and (ii) at the time the defendant possessed the firearm, he or she had been convicted of a crime punishable by imprisonment for a term exceeding one year. 18 U.S.C. 922(g)(1); United States v. Sherbondy, 865 F.2d 996, 999-1001 (9th Cir.1988).

Other Questions


In what circumstances will a convicted felon be found guilty of possession of a firearm for receiving and possessing a firearm at separate times? (MultiRegion, United States of America)
What evidence was sufficient to support a jury's conviction for conspiracy to distribute and possession with intent to distribute methamphetamine? (MultiRegion, United States of America)
In a motion to appeal against the sentence of a convicted drug dealer who was convicted of possession of a Class A drug with intent to manufacture and distribute methamphetamine in his home, what are the challenges to his sentence? (MultiRegion, United States of America)
In what circumstances will the court allow a federal conviction for possession of a firearm by a convicted felon to be quashed? (MultiRegion, United States of America)
Is a convicted felon in possession of a firearm under the National Firearms Act? (MultiRegion, United States of America)
What is the test to sustain a conviction for possession with intent to distribute? (MultiRegion, United States of America)
Does a conviction for possession of an illicit item with intent to defraud apply to a defendant who was convicted only for the possession of the prohibited item? (MultiRegion, United States of America)
What is the test to sustain a conviction for possession of marijuana with intent to distribute? (MultiRegion, United States of America)
What is the test to sustain a conviction for possession of cocaine base with intent to distribute? (MultiRegion, United States of America)
In what circumstances will a defendant not only be convicted but convicted of drug possession, but of possessing and possessing heroin, not having any authority or control of the drugs? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.