LITTRELL

v.

UNITED STATES

Citator

Cited By

• United States v. Severo D. Espinosa, 771 F.2d 1382 (10th Cir. 1985)
  …ndoned truck. However, we have held that those “engaged in a joint undertaking relative to the marijuana” may be found to be in constructive possession of the contraband. United States v. Stricklin, 534 F. 2d 1386, 1390-91 (10th Cir.), cert. denied, 429 U.S. 831, 97 S.Ct. 92, 50 L.Ed.2d 95 (1976). Constructive possession is possession in law but not in fact. A person in constructive possession of an item knowingly holds the power and ability to exercise dominion and control over it. United States v. Zink,…
• Nat'l Labor Relations Bd. v. Monark Boat Co., 713 F.2d 355 (8th Cir. 1983)
  …ided by the Board in the first instance. . We recognize that in some settings the objected-to comments may be mere banter and not serious threats. See Abbott Laboratories, Ross Laboratories Div. v. NLRB, 540 F. 2d 662, 667 (4th Cir.), cert. denied, 429 U.S. 831, 97 S.ct. 93, 50 L.Ed.2d 95 (1976); NLRB v. Bostik Div., USM Corp., 517 F. 2d 971, 973 (6th Cir.1975). In the circumstances of this case, that question is for the trier of fact to determine after a hearing. . By holding as we do, we are not necessa…
• United States v. Prichard, 645 F.2d 854 (10th Cir. 1981)
  …ossessed cocaine, and the great quantity of cocaine found in the Bronco permitted the additional inference that the defendants intended to sell and distribute this drug. See United States v. Stricklin, 534 F. 2d 1386, 1390 (10th Cir.), cert. denied, 429 U.S. 831, 97 S.Ct. 92, 50 L.Ed.2d 95 (1976). The defendants also complain that the instruction on aiding and abetting was confusing and, in effect, directed the jury to convict Prichard as a principal. We have examined the instructions, and believe them to…