United States v. Booth, 111 F.3d 1 (1st Cir. 1997). · Go Syfert
United States v. Booth, 111 F.3d 1 (1st Cir. 1997). Cases Citing This Book View Copy Cite
“a plaintiff is precluded from electing statutory damages and then appealing the award of actual damages; plaintiff does not get two bites of the apple.”
28 citation events (18 in the last 25 years) across 7 distinct courts.
Strongest positive: T-Peg v. Vermont Timber Works (nhd, 2007-10-11)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (quoted) T-Peg v. Vermont Timber Works
D.N.H. · 2007 · quote attribution · 1 verbatim quote · confidence low
a plaintiff is precluded from electing statutory damages and then appealing the award of actual damages; plaintiff does not get two bites of the apple.
discussed Cited as authority (rule) United States v. Davis
1st Cir. · 2014 · confidence medium
And while “knowledge can be inferred in some circumstances from control of the area,” United States v. Booth, 111 F.3d 1, 2 (1st Cir.1997) (per curiam), we need not rely on any such permissible inference in this case.
discussed Cited as authority (rule) United States v. Perkins
D. Me. · 2006 · confidence medium
See id. at 7 ; United States v. Booth, 111 F.3d 1, 2 (1st Cir.1997)(knowing possession required); see also United States v. Weems, 322 F.3d 18, 24 (1st Cir.2003)(mere proximity to a firearm is not enough to establish actual or constructive possession); Garcia, 983 F.2d at 1164 (‘Mere presence or association with another who possessed the contraband is, however, insufficient to establish constructive possession’) Thus, ‘there must be some action, some word, or some conduct that links the individual to the contraband and indicates that he had some stake in it, some power over it.’ In re …
discussed Cited as authority (rule) United States v. McLean
1st Cir. · 2005 · confidence medium
See id. at 7; United States v. Booth, 111 F.3d 1, 2 (1st Cir.1997)(knowing possession required); see also United States v. Weems, 322 F.3d 18, 24 (1st Cir.2003)(mere proximity to a firearm is not enough to establish actual or constructive possession); Garcia, 983 F.2d at 1164 (“Mere presence or association with another who possessed the contraband is, however, insufficient to establish constructive possession.”) Thus, “[tjhere must be some action, some word, or somé conduct that links the individual to the contraband and indicates that he had some stake in it, some power over it.” In …
discussed Cited as authority (rule) United States v. Dale McLean United States of America v. Manolin Feliz Terrero, United States of America v. Mauricio Berguette-Meran, A/K/A Manuel Enrique Heyliger Cruz, United States of America v. Juan Antonio Navarro
1st Cir. · 2005 · confidence medium
See id. at 7; United States v. Booth, 111 F.3d 1, 2 (1st Cir.1997)(knowing possession required); see also United States v. Weems, 322 F.3d 18, 24 (1st Cir.2003)(mere proximity to a firearm is not enough to establish actual or constructive possession); Garcia, 983 F.2d at 1164 ("Mere presence or association with another who possessed the contraband is, however, insufficient to establish constructive possession.") Thus, "[t]here must be some action, some word, or some conduct that links the individual to the contraband and indicates that he had some stake in it, some power over it." In re Sealed…
discussed Cited as authority (rule) United States v. Walls, Daisy E.
7th Cir. · 2000 · confidence medium
See also United States v. Richardson, 208 F.3d 626, 632 (7th Cir. 2000) (substantial connection to the residence sufficient); United States v. Booth, 111 F.3d 1, 2 (1st Cir. 1997) (knowledge of the firearm in some circumstances can be inferred from control of the area).
discussed Cited as authority (rule) United States v. Daisy E. Walls and Sharee S. Williams
7th Cir. · 2000 · confidence medium
See also United States v. Richardson, 208 F.3d 626, 632 (7th Cir.2000) (substantial connection to the residence sufficient); United States v. Booth, 111 F.3d 1, 2 (1st Cir.1997) (knowledge of the firearm in some circumstances can be inferred from control of the area).
discussed Cited "see" Monzon v. Welch (2×)
W.D. Va. · 2023 · signal: see · confidence high
Id.; see In re Microsoft Antitrust Litig., 333 F.3d 517, 526 (4th Cir. 2003). “[A] preliminary injunction may never issue to prevent an injury or harm which not even the moving party contends was caused by the wrong claimed in the underlying action.” Omega World Travel, 111 F.3d at 16 ; see Devose v. Herrington, 42 F.3d 470, 471 (8th Cir. 1994).
discussed Cited "see" United States v. Ridolfi
1st Cir. · 2014 · signal: see · confidence high
For constructive possession of a firearm in particular, the requisite knowledge and intention can be inferred from circumstances “such as a defendant’s control over the area where the contraband is found (e.g., defendant’s home or automobile).” McLean, 409 F.3d at 501 ; see United States v. Booth, 111 F.3d 1, 2 (1st Cir.1997) (stating that “knowledge can be inferred in some circumstances from control of the area”).
cited Cited "see" United States v. Taylor
1st Cir. · 1998 · signal: see · confidence high
See United States v. Booth, 111 F.3d 1, 2 (1st Cir.), cert. denied, — U.S. -, 118 S.Ct. 204 , 139 L.Ed.2d 140 (1997).
cited Cited "see" United States v. Taylor
1st Cir. · 1998 · signal: see · confidence high
See United States v. Booth, 111 F.3d 1, 2 (1st Cir.), cert. denied, 118 S. Ct. 204 (1997).
cited Cited "see" United States v. Snyder
1st Cir. · 1998 · signal: see · confidence high
See id.
cited Cited "see" United States v. Snyder
1st Cir. · 1998 · signal: see · confidence high
See id. ___ ___ In Booth, we concluded that the language used, though _____ infelicitous, did not require reversal.
Retrieving the full opinion text from the archive…
UNITED STATES, Appellee,
v.
Lamar R. BOOTH, A/K/A Laman Booth, A/K/A Lamar Coevan, A/K/A Lamar Govan, A/K/A Lamar Barton, A/K/A Lomar Barton, Defendant, Appellant
95-2221.
Court of Appeals for the First Circuit.
Apr 10, 1997.
111 F.3d 1
1997 U.S. App. LEXIS 6649
1997 WL 160123
Diana L. Maldonado, Federal Defender Office, Boston, MA, on brief for defendant, appellant., Donald K. Stern, United States Attorney, and Gary S. Katzmann, Assistant United States Attorney, Boston, MA, on brief for appellee.
Torruella, Campbell, Boudin.
Cited by 19 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 77%
Citer courts: D. New Hampshire (1)
PER CURIAM.

Appellant appeals from his conviction as a felon in possession of a firearm. He now contends that the jury instructions defining constructive possession may have allowed the jury to convict him even if he did not know that a gun was present within an area over which he exercised dominion and control. The instructions in this case do not warrant reversal, but we write for the benefit of future cases to pinpoint a correctable ambiguity in previously approved language.

Appellant, a convicted felon, was apprehended while driving alone in a stolen car. A knapsack was on the front passenger seat, and it contained, among other things, a loaded gun and a camera. Appellant denied ownership of the knapsack and its contents, but the film from the camera subsequently revealed photos of appellant. Appellant was indicted on counts including felon in possession of a firearm under 18 U.S.C. § 922(g), and, after a jury trial, he was convicted on that count.

The district court instructed the jury on the requirement of “knowing” possession as follows. First, the jury was told twice that “the government must prove beyond a rea[*2] sonable doubt ... that the defendant knowingly possessed a firearm....” Next, “knowingly” was defined as:

An act is done knowingly if it is done voluntarily and intentionally and not because of mistake or accident. I’ll say that again. An act is done knowingly if it is done voluntarily and intentionally and not because of mistake or accident. In order for the government to satisfy this element, it must prove beyond a reasonable doubt that the defendant knew he was possessing a firearm____

And then “possession” was defined as:

The law recognizes two kinds of possession, actual possession and constructive possession____ Even when a person does not actually possess an object, he may be in constructive possession of it. Constructive possession exists when a person knowingly has the power and the intention at a given time of exercising dominion and control over an object or over the area in which the object is located. The law recognizes no distinction between actual and constructive possession, either form of possession is sufficient. Possession of an object may be established by either direct evidence or by circumstantial evidence. It is not necessary to prove ownership of the object, but it is necessary for the government to prove beyond a reasonable doubt [the] knowing possession of [the] object,

(emphasis added) Finally, the jury also was instructed that “the government must prove beyond a reasonable doubt ... that the defendant’s knowing possession of the firearm ... was in or affecting commerce.”

Thus, in instructing the jury, the district court said that constructive possession exists when a person “knowingly has the power and the intention at a given time of exercising dominion and control over an object or over the area in which the object is located.” Appellant complains belatedly about the italicized portion of the quoted language on the ground that it might allow the jury to convict if the defendant controlled the area but did not know that the weapon was there.

Although the language in question is more or less consistent with United States v. Wight, 968 F.2d 1393, 1398 (1st Cir.1992), it is probably susceptible to a misinterpretation. The underlying thought, which is correct but could be more precisely conveyed, is that knowledge can be inferred in some circumstances from control of the area. See United States v. Lochan, 674 F.2d 960, 966 (1st Cir.1982). Wight, despite its literal language, should no longer be read as an endorsement of the above-quoted italicized language as an independent definition of constructive possession. There is nothing wrong with explaining the Lochan inference where appropriate, and we do not suggest that the Wight language where it has been used in the past is necessarily reversible error, taking the charge as a whole.

In this case the jury was told several times that proof of “knowing” possession was required; the evidence linking appellant to the gun was substantial; and, given the absence of a contemporaneous objection, the italicized phrase did not constitute plain error, creating a risk of fundamental unfairness or miscarriage of justice. See United States v. Hallock, 941 F.2d 36, 42 (1st Cir.1991).

Affirmed. See 1st Cir. Loc. R. 27.1.