United States v. Herbert Randolph Blue, 957 F.2d 106 (4th Cir. 1992). · Go Syfert
United States v. Herbert Randolph Blue, 957 F.2d 106 (4th Cir. 1992). Cases Citing This Book View Copy Cite
“blue's shoulder dip alone does not transform blue from a mere passenger in the car to a possessor of whatever is discovered underneath the seat in which he is sitting.”
329 citation events (182 in the last 25 years) across 17 distinct courts.
Strongest positive: United States v. Marcus Moody (ca4, 2021-06-22) · Strongest negative: United States v. Wright (ca5, 1994-06-15)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 50 distinct citers.
cited Cited "but see" United States v. Wright
5th Cir. · 1994 · signal: but see · confidence high
But see United States v. Blue, 957 F.2d 106 (4th Cir.1992) (weapon found beneath defendant’s/passenger’s seat after officer noticed defendant bend over).
discussed Cited "but see" United States v. Ronald Tyrone Lineberger
4th Cir. · 1993 · signal: but see · confidence high
See also United States v. Crockett, 813 F.2d 1310, 1316 (4th Cir.) (evidence that co-defendant was present at drug transactions, drove the car in which contraband was found, and left many phone messages with drug dealer established constructive possession of drugs), cert. denied, 484 U.S. 834 (1987); but see United States v. Blue, 957 F.2d 106, 108 (4th Cir. 1992) (evidence that defendant's shoulder dipped as officer approached vehicle and that revolver was found under passenger seat where defendant was sitting did not establish constructive possession, where no other evidence was presented to…
examined Cited as authority (verbatim quote) United States v. Marcus Moody (3×) also: Cited as authority (rule)
4th Cir. · 2021 · quote attribution · 1 verbatim quote · confidence high
blue's shoulder dip alone does not transform blue from a mere passenger in the car to a possessor of whatever is discovered underneath the seat in which he is sitting.
discussed Cited as authority (verbatim quote) United States v. Arnold
6th Cir. · 2007 · quote attribution · 1 verbatim quote · confidence high
the government introduced no . . . testimony that had been seen with the gun.
examined Cited as authority (verbatim quote) United States v. Joseph Arnold (4×) also: Cited as authority (rule)
6th Cir. · 2007 · quote attribution · 2 verbatim quotes · confidence high
the government introduced no . . . testimony that had been seen with the gun.
examined Cited as authority (verbatim quote) United States v. Gordon Ronnell Hines (6×) also: Cited as authority (rule)
4th Cir. · 1995 · signal: see · quote attribution · 2 verbatim quotes · confidence high
the mere proximity of a weapon to a passenger in a car goes only to its accessibility, not to the dominion or control which must be proved to establish possession.
cited Cited as authority (rule) United States v. Abercrombie
1st Cir. · 2025 · confidence medium
United States v. Blue, 957 F.2d 106, 108 (4th Cir. 1992); cf. United States v. Clark, 184 F.3d 858, 864-65 (D.C.
discussed Cited as authority (rule) United States v. Aaric Murray
4th Cir. · 2025 · confidence medium
Murray contends that the evidence against him establishes only that he was present in the mobile home and cites United States v. Blue, 957 F.2d 106, 108 (4th Cir. 1992), to argue that his mere proximity to the firearms was insufficient to prove he knew of or exercised control over them.
discussed Cited as authority (rule) United States v. Richard Johnson
4th Cir. · 2025 · confidence medium
Murray contends that the evidence against him establishes only that he was present in the mobile home and cites United States v. Blue, 957 F.2d 106, 108 (4th Cir. 1992), to argue that his mere proximity to the firearms was insufficient to prove he knew of or exercised control over them.
cited Cited as authority (rule) United States v. Melvin Watson
7th Cir. · 2022 · confidence medium
See United States v. Chairez, 33 F.3d 823, 825 (7th Cir. 1994); United States v. Soto, 779 F.2d 558, 560 (9th Cir. 1986); United States v. Blue, 957 F.2d 106, 108 (4th Cir. 1992).
discussed Cited as authority (rule) United States v. Louis Samuels
4th Cir. · 2018 · confidence medium
It is well established that “proving unlawful possession of a [weapon] does not require a showing of actual possession but rather can be satisfied by proof of constructive or joint possession.” United States v. Blue, 957 F.2d 106, 107 (4th Cir. 1992).
cited Cited as authority (rule) United States v. Prieto
10th Cir. · 2017 · confidence medium
The court held that this "[fell] outside, but just barely, the realm of the quantum of evidence necessary to support a finding of constructive possession.” Id. at 108 (emphasis added).
cited Cited as authority (rule) United States v. Phillip Burton
4th Cir. · 2014 · confidence medium
United States v. Blue, 957 F.2d 106, 107 (4th Cir.1992).
cited Cited as authority (rule) United States v. Dallas Harris
4th Cir. · 2014 · confidence medium
United States v. Blue, 957 F.2d 106, 107 (4th Cir.1992).
examined Cited as authority (rule) State v. Pradubsri (3×)
S.C. Ct. App. · 2013 · confidence medium
In U.S. v. Blue, 957 F.2d 106, 106-07 (4th Cir.1992), a police officer conducting nighttime surveillance of a house for possible illegal drug activity saw two men leave the house and enter a parked vehicle on the street.
discussed Cited as authority (rule) State v. Jackson
S.C. Ct. App. · 2011 · confidence medium
In United States v. Blue, 957 F.2d 106, 107 (4th Cir.1992), a police officer conducting nighttime surveillance of a house for possible illegal drug activity saw two men leave the house and *257 enter a parked car on the street.
cited Cited as authority (rule) United States v. Jackson
10th Cir. · 2010 · confidence medium
See United States v. Hishaw, 235 F.3d 565, 571-72 (10th Cir.2000); United States v. Blue, 957 F.2d 106, 107-08 (4th Cir. 1992).
discussed Cited as authority (rule) United States v. Herder (2×)
4th Cir. · 2010 · confidence medium
Herder analogizes this case to United States v. Blue, 957 F.2d 106, 108 (4th Cir.1992), and United States v. Daley, 107 Fed.Appx. 334, 339 (4th Cir.2004), in each of which we held that there was insufficient evidence to sustain a conviction based on a theory of constructive possession.
discussed Cited as authority (rule) United States v. Nevels
4th Cir. · 2008 · confidence medium
In so doing, the Government “must produce evidence showing ownership, dominion, or control over the contraband itself or the premises or the vehicle in which the contraband is concealed.” United States v. Blue, 957 F.2d 106, 107 (4th Cir.1992) (internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Gravely (2×) also: Cited "see"
6th Cir. · 2008 · confidence medium
Id. (citing United States v. Blue, 957 F.2d 106, 107-108 (4th Cir.1992)).
discussed Cited as authority (rule) United States v. Pender
4th Cir. · 2008 · confidence medium
United States v. Gallimore, 247 F.3d 134, 136-37 (4th Cir.2001). “[T]o establish constructive possession, the government must produce evidence showing ownership, dominion, or control over the contraband itself or the premises or vehicle in which the contraband is concealed.” United States v. Blue, 957 F.2d 106, 107 (4th Cir.1992).
discussed Cited as authority (rule) United States v. Duncan
4th Cir. · 2007 · confidence medium
As we explained in United States v. Blue, 957 F.2d 106, 107 (4th Cir.1992), “to establish constructive possession, the government must produce evidence showing ownership, dominion, or control over the contraband itself or the premises or vehicle in which the contraband is concealed.” (alteration and citations omitted).
discussed Cited as authority (rule) United States v. Eskridge
4th Cir. · 2007 · confidence medium
The Government need not - 2 - produce evidence of actual possession, as it may proceed on a constructive possession theory demonstrating that the defendant “show[ed] ownership, dominion, or control over the [firearm] itself.” United States v. Blue, 957 F.2d 106, 107 (4th Cir. 1992).
discussed Cited as authority (rule) United States v. Cox
4th Cir. · 2007 · confidence medium
United States v. Gallimore, 247 F.3d 134, 136-37 (4th Cir.2001). “[T]o establish constructive possession, the government must produce evidence showing ownership, dominion or control over the contraband itself or the premises or vehicle in which the contraband is concealed.” United States v. Blue, 957 F.2d 106, 107 (4th Cir.1992).
discussed Cited as authority (rule) United States v. Abraham
4th Cir. · 2007 · confidence medium
In order to establish constructive possession, the Government had to produce evidence showing “ownership, dominion, or control over the contraband itself or the premises ... in which the contraband is concealed.” United States v. Blue, 957 F.2d 106, 107 (4th Cir.l992)(quotations and citation information omitted).
discussed Cited as authority (rule) United States v. Carter
4th Cir. · 2006 · confidence medium
United States v. Gallimore, 247 F.3d 134, 136-37 (4th Cir.2001). “[T]o establish constructive possession, the government must produce evidence showing ownership, dominion, or control over the contraband itself or the premises or vehicle in which the contraband is concealed.” United States v. Blue, 957 F.2d 106, 107 (4th Cir.1992).
discussed Cited as authority (rule) United States v. Black
4th Cir. · 2006 · confidence medium
Possession may be actual, constructive, or joint. 2 *253 United States v. Gallimore, 247 F.3d 134, 136-37 (4th Cir.2001). “[T]o establish constructive possession, the government must produce evidence showing ownership, dominion, or control over the contraband itself or the premises or vehicle in which the contraband is concealed.” United States v. Blue, 957 F.2d 106, 107 (4th Cir.1992) (quotations and citation information omitted).
discussed Cited as authority (rule) United States v. Chiles
4th Cir. · 2006 · confidence medium
The government need not produce evidence of actual possession, as it may proceed on a constructive possession theory demonstrating that the defendant “showed ownership, dominion, or control over the [firearm] itself.” United States v. Blue, 957 F.2d 106, 107 (4th Cir.1992).
discussed Cited as authority (rule) United States v. Arnold
6th Cir. · 2005 · confidence medium
See United States v. Hishaw, 235 F.3d 565, 572 (10th Cir. 2000), cert. denied, 533 U.S. 908 (2001); United States v. Chairez, 33 F.3d 823, 825 (7th Cir. 1994); United States v. Madkins, 994 F.2d 540, 542 (8th Cir. 1993); United States v. Blue, 957 F.2d 106, 108 (4th Cir. 1992); United States v. Soto, 779 F.2d 558, 560 (9th Cir.), amended on other grounds by 793 F.2d 217 (9th Cir. 1986), cert. denied, 484 U.S. 833 (1987); United States v. Whitfield, 629 F.2d 136, 143 (D.C.
discussed Cited as authority (rule) United States v. Joseph Arnold
6th Cir. · 2005 · confidence medium
See United States v. Hishaw, 235 F.3d 565, 572 (10th Cir.2000), cert. denied, 533 U.S. 908 , 121 S.Ct. 2254 , 150 L.Ed.2d 241 (2001); United States v. Chairez, 33 F.3d 823, 825 (7th Cir.1994); United States v. Madkins, 994 F.2d 540, 542 (8th Cir.1993); United States v. Blue, 957 F.2d 106, 108 (4th Cir.1992); United States v. Soto, 779 F.2d 558, 560 (9th Cir.), amended on other grounds by 793 F.2d 217 (9th Cir.1986), ce rt. denied, 484 U.S. 833 , 108 S.Ct. 110 , 98 L.Ed.2d 70 (1987); United States v. Whitfield, 629 F.2d 136, 143 (D.C.Cir.1980), ce rt. denied, 449 U.S. 1086 , 101 S.Ct. 875 , 66 …
discussed Cited as authority (rule) United States v. Robinson
4th Cir. · 2001 · confidence medium
See United States v. Gallimore, 247 F.3d 134, 137 (4th Cir.2001); United States v. Blue, 957 F.2d 106, 107 (4th Cir.1992) (allowing Government to demonstrate constructive possession by showing “ownership, dominion or control” over the vehicle in which the contraband was concealed).
examined Cited as authority (rule) United States v. Talton Young Gallimore, Jr. (3×) also: Cited "see"
4th Cir. · 2001 · confidence medium
See United States v. Jackson, 124 F.3d 607, 610 (4th Cir.1997); United States v. Blue, 957 F.2d 106, 107 (4th Cir.1992).
cited Cited as authority (rule) United States v. Gathers
4th Cir. · 2001 · confidence medium
United States v. Blue, 957 F.2d 106, 107 (4th Cir.1992).
discussed Cited as authority (rule) United States v. Leonard Harris
4th Cir. · 2000 · confidence medium
Considering the evidence in a light most favorable to the Govern- ment, as we must, United States v. Brewer, 1 F.3d 1430, 1437 (4th Cir. 1993), there was sufficient evidence to show that Harris had con- structive possession of the firearm. "`[T]o establish constructive pos- session the government must produce evidence showing ownership, dominion, or control over . . . the vehicle in which the contraband is concealed.'" United States v. Blue, 957 F.2d 106, 107 (4th Cir. 1992) (quoting United States v. Ferg, 504 F.2d 914, 916-17 (5th Cir. 1974) (ellipsis added)); see also United States v. Perez,…
discussed Cited as authority (rule) United States v. Ramirez-Soberanes
10th Cir. · 2000 · confidence medium
Control or 6 See, e.g., United States v. Blue, 957 F.2d 106, 107 (4th Cir. 1992) (constructive possession when evidence shows “ownership, dominion, or control over the contraband itself or the premises or vehicle in which the contraband is concealed”) (emphasis added); United States v. McKnight, 953 F.2d 898, 901 (5th Cir. 1992) (constructive possession when evidence shows “ownership, dominion, or control over the contraband itself or over the premises in which the contraband is located”) (emphasis added); United States v. Wainwright, 921 F.2d 833, 836 (8th Cir. 1990) (constructive pos…
cited Cited as authority (rule) United States v. Merchant
4th Cir. · 1999 · confidence medium
See 18 U.S.C.A. § 922 (g)(1); United States v. Blue, 957 F.2d 106, 107 (4th Cir. 1992).
cited Cited as authority (rule) United States v. Reid
4th Cir. · 1999 · confidence medium
P. 29; United States v. Blue, 957 F.2d 106, 107 (4th Cir. 1992); United States v. Brooks, 957 F.2d 1138, 1147 (4th Cir. 1992).
cited Cited as authority (rule) United States v. Ward
4th Cir. · 1999 · confidence medium
See Glasser v. United States , 315 U.S. 60, 80 (1942); United States v. Blue, 957 F.2d 106, 107 (4th Cir. 1992).
discussed Cited as authority (rule) United States v. Howard Davis
4th Cir. · 1999 · confidence medium
In order "to establish constructive possession, the government must show ownership, dominion, or control over the drug or the premises or vehicle in which it was concealed." Id. ; United States v. Blue, 957 F.2d 106, 107 (4th Cir. 1992) (quoting United States v. Ferg, 504 F.2d 914, 916-17 (5th Cir. 1974)).
discussed Cited as authority (rule) United States v. Jackie McGeorge
4th Cir. · 1999 · confidence medium
United States v. Blue, 957 F.2d 106, 107 (4th Cir. 1992) ("[T]o establish constructive possession, the government must pro- duce evidence showing ownership, dominion, or control over the con- traband itself or the premises or vehicle in which the contraband is 6 concealed." (internal quotation marks omitted) (alteration in origi- nal)).
cited Cited as authority (rule) United States v. Drennen
4th Cir. · 1997 · confidence medium
United States v. Blue, 957 F.2d 106, 107 (4th Cir. 1992).
cited Cited as authority (rule) United States v. Sayles
4th Cir. · 1997 · confidence medium
Glasser v. United States, 315 U.S. 60, 80 (1942); United States v. Blue, 957 F.2d 106, 107 (4th Cir. 1992).
discussed Cited as authority (rule) United States v. William Sherod, III
4th Cir. · 1997 · confidence medium
He contends that the evidence at trial was insufficient to prove that he was in possession of the firearms in question. 2 Considering the evidence in a light most favorable to the Government, as we must, Glasser v. United States, 315 U.S. 60, 80 (1942), there was sufficient evidence to show that Sherod had constructive possession of the firearms. " '[T]o establish constructive possession the government must produce evidence showing ownership, dominion, or control over ... the vehicle in which the contraband is concealed.' " United States v. Blue, 957 F.2d 106, 107 (4th Cir.1992) (quoting Unite…
discussed Cited as authority (rule) United States v. Sherod
4th Cir. · 1997 · confidence medium
Considering the evidence in a light most favorable to the Govern- ment, as we must, Glasser v. United States, 315 U.S. 60, 80 (1942), there was sufficient evidence to show that Sherod had constructive possession of the firearms. "`[T]o establish constructive possession the government must produce evidence showing ownership, domin- ion, or control over . . . the vehicle in which the contraband is con- cealed.'" United States v. Blue, 957 F.2d 106, 107 (4th Cir. 1992) (quoting United States v. Ferg, 504 F.2d 914, 916-17 (5th Cir. 1974) (ellipsis added)); see also United States v. Perez, 897 F.2d…
discussed Cited as authority (rule) United States v. Darryl Greenwood, A/K/A Darryl Robert Greenwood, A/K/A Dee
4th Cir. · 1996 · confidence medium
"To establish constructive possession, the government must produce evidence showing ownership, dominion, or control over the contraband itself or the premises or vehicle in which the contraband is concealed." United States v. Blue, 957 F.2d 106, 109 (4th Cir.1992). 13 For purposes of determining the sufficiency of evidence for conspiratorial liability under Pinkerton, the government must establish: (1) the substantive offense was committed pursuant to the conspiracy; (2) the defendant was a member of the conspiracy at the time the substantive offense was committed; and (3) the commission of th…
discussed Cited as authority (rule) United States v. Greenwood
4th Cir. · 1996 · confidence medium
"To establish constructive possession, the government must produce evidence showing ownership, dominion, or control over the contraband itself or the premises or vehicle in which the contraband is concealed." United States v. Blue, 957 F.2d 106, 109 (4th Cir. 1992).
cited Cited as authority (rule) United States v. Wilkerson
4th Cir. · 1996 · confidence medium
Glasser v. United States , 315 U.S. 60, 80 (1942); United States v. Blue, 957 F.2d 106, 107 (4th Cir. 1992).
cited Cited as authority (rule) United States v. Ivan Francion Wilkerson
4th Cir. · 1996 · confidence medium
Glasser v. United States, 315 U.S. 60, 80 (1942); United States v. Blue, 957 F.2d 106, 107 (4th Cir.1992).
discussed Cited as authority (rule) United States v. Augustin Gonzalez
11th Cir. · 1996 · confidence medium
Compare United States v. Wright, 24 F.3d 732, 735 (5th Cir.1994) (such evidence insufficient to establish possession); United States v. Blue, 957 F.2d 106, 108 (4th Cir.1983) (same) with United States v. Lyles, 946 F.2d 78, 81 (8th Cir.1991) (such evidence sufficient to establish possession); United States v. Coe, 718 F.2d 830 (7th Cir.1983) (same). 29 .It appears that the panel in Gates equated a person's access to a weapon with his knowledge of the weapon's existence and his ability to exercise control thereover, despite the fact that accessibility alone is not usually thought to be sufficie…
cited Cited as authority (rule) United States v. Lyndell Thomas, A/K/A X-Man
4th Cir. · 1995 · confidence medium
Glasser v. United States, 315 U.S. 60, 80 (1942); United States v. Blue, 957 F.2d 106, 107 (4th Cir.1992).
UNITED STATES of America, Plaintiff-Appellee,
v.
Herbert Randolph BLUE, Defendant-Appellant
90-5540.
Court of Appeals for the Fourth Circuit.
Feb 19, 1992.
957 F.2d 106
George Alan DuBois, Jr., Asst. Federal Public Defender, Raleigh, N.C., argued (William E. Martin, Federal Public Defender, on brief), for defendant-appellant., Paul Alexander Weinman, Asst. U.S. Atty., Greensboro, N.C., argued (Robert H. Edmunds, Jr., U.S. Atty., on brief), for plaintiff-appellee.
Phillips, Hamilton, Heaney, Eighth.
Cited by 154 opinions  |  Published

OPINION

HEANEY, Senior Circuit Judge:

Herbert Blue appeals his conviction for knowingly possessing a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(e)(1). Because the government failed to prove that Blue actually or constructively possessed the firearm in question, we reverse his conviction.

BACKGROUND

On the night of November 5, 1990, police officer James Clobes was watching a Dur[*107] ham, North Carolina house for possible drug activity. Officer Clobes saw two men leave the house and enter a 1977 Chevrolet parked on the street. The two men drove the car past Clobes’ observation car, at which time he claimed to notice that neither of the men was wearing a seatbelt, in violation of North Carolina law.

Because the street was not well lit, Clobes did not pull the car over immediately. Instead, he waited until the car entered a lit area and then pulled the vehicle over, allegedly to investigate the seatbelt violation. As he left his car, Officer Clobes claims he saw the shoulder of the Chevrolet passenger, Herbert Blue, dip as if the passenger were reaching under the seat with his right hand. Blue denies making such a move.

After verifying the two men’s identities and determining that neither of them had outstanding warrants, Clobes requested the driver to step out of the car and asked if he could search the car. The driver consented. Clobes also asked Blue to step out of the vehicle. Clobes then searched Blue for any weapons, at which time he discovered a needle, a syringe, and a small amount of heroin, and therefore placed Blue under arrest. Clobes next conducted an unfruitful search of the driver and then searched the car. Underneath the passenger’s seat, Clobes found a loaded .38 revolver. Both Blue and the driver denied knowledge of the gun’s presence or ownership of it. Neither of them was cited for a seatbelt violation.

The government indicted Blue for being a felon in possession of a firearm in violation of U.S.C. §§ 922(g)(1) and 924(e)(1); he was not charged with heroin or paraphernalia possession. A jury found Blue guilty. At sentencing, the government urged the application of the Armed Career Criminal enhancement of 18 U.S.C. § 924(e) to Blue. This enhancement raises the authorized penalty for being a felon in unlawful possession of a firearm from 0 to 10 years to 15 years to life. To trigger this enhancement, the defendant must have been convicted of three violent felonies. The district court concluded that this enhancement applied. This application raised Blue’s guidelines offense level to 37. With a criminal history category of VI, the guidelines established a sentencing range of 360 months to life. The district court sentenced Blue to 30 years imprisonment.

DISCUSSION

Blue raises three arguments on appeal. First, he argues that the initial stop was pretextual and therefore the evidence found during Clobes’ search of the vehicle should be suppressed. Second, he contends that there was not sufficient evidence to support the jury’s finding that he actually or constructively possessed the .38 pistol. Finally, Blue claims that the district court erred in applying the career offender enhancement to his sentence. Because we hold that sufficient evidence did not support the jury’s finding that Blue possessed the weapon, we need not address Blue’s other arguments.

In evaluating whether sufficient evidence supported Blue’s conviction for possessing a firearm, we view the evidence and reasonable inferences drawn from it in the light most favorable to the government and uphold the verdict if substantial evidence supports it. See, e.g., United States v. Jones, 735 F.2d 785, 790 (4th Cir.), cert. denied, 469 U.S. 918, 105 S.Ct. 297, 83 L.Ed.2d 232 (1984). Blue concedes that under section 922(g), proving unlawful possession of a firearm does not require a showing of actual possession but rather can be satisfied by proof of constructive or joint possession. The government produced no evidence that Blue actually possessed the firearm; instead, it prosecuted the case on a theory of constructive possession. “[T]o establish constructive possession, the government must produce evidence showing ownership, dominion, or control over the contraband itself or the premises or vehicle in which the contraband is concealed.” United States v. Ferg, 504 F.2d 914, 916-17 (5th Cir.1974) (citations omitted); see also United States v. Poore, 594 F.2d 39, 43 (4th Cir.1979).

The government relied on two pieces of evidence to support its case: first, Officer Clobes’ testimony that Blue’s shoulder[*108] dipped as he approached the suspects’ vehicle; and second, Clobes’ discovery of the revolver under the passenger seat where Blue was sitting. These facts alone do not justify a finding of constructive possession. To uphold a finding of constructive possession, this court requires more evidence of dominion and control than the government has offered here. * As the Ninth Circuit explained, “[i]t is well established that mere presence as a passenger in a car from which the police recover weapons does not establish possession. The mere proximity of a weapon to a passenger in a car goes only to its accessibility, not to the dominion or control which must be proved to establish possession.” United States v. Soto, 779 F.2d 558, 560 (9th Cir.1986) (citations omitted) (reversing conviction for possession of three pistols found in car in which defendant was riding even though two of the pistols were found behind defendant’s seat and within his reach).

Beyond Clobes’ claim that he saw Blue’s shoulder dip and the discovery of the pistol underneath the passenger seat, the government did not substantiate its case against Blue. It did not produce fingerprints or any other physical evidence which would link Blue with the gun. The government introduced no evidence demonstrating that Blue owned the gun or testimony that Blue had been seen with the gun. The car in which the gun was found did not belong to Blue; in fact, no evidence indicated that Blue had ever been in that car before. Without more evidence than that proffered by the government, we cannot sustain Blue’s conviction.

We recognize that our decision is inconsistent with United States v. Flenoid, 718 F.2d 867, 868 (8th Cir.1983) (per curiam). We remain convinced, however, that Blue’s shoulder dip alone does not transform Blue from a mere passenger in the car to a possessor of whatever is discovered underneath the seat in which he is sitting. In reaching this decision, we emphasize that the facts of this case fall outside, but just barely, the realm of the quantum of evidence necessary to support a finding of constructive possession. See United States v. Beverly, 750 F.2d 34, 36-37 (6th Cir.1984) (constructive possession not proven by evidence that defendant was standing close to a waste basket which contained two guns, one of which contained defendant’s fingerprint); see also United States v. Wilson, 922 F.2d 1336, 1339 (7th Cir.1991) (in an admittedly “very close case,” conviction for illegal firearm possession sustained because gun with defendant’s finger print on it was found in his girlfriend’s apartment where defendant sometimes spent the night).

Accordingly, Blue’s conviction is reversed.

REVERSED.

*

On several occasions, this court has previously discussed the sufficiency of the evidence underlying convictions for constructively possessing firearms. See, e.g., United States v. Jones, 945 F.2d 747, 749, 750 (4th Cir.1991) (police found gun in defendant's bedroom and ammunition for the gun in his pants pocket); United States v. Stanley, 597 F.2d 866, 871 (4th Cir.1979) (defendant informed agent that gun was in van defendant was driving, requested a receipt when he surrendered the gun to the agent, and lived in house in which a second pistol was found on a table); United States v. Poore, 594 F.2d 39, 43 (4th Cir.1979) (testimony of cohabitant linked defendant with shotgun discovered in apartment where defendant resided).