United States of America v. Francisco Javier Pineda

Beaumont, Texas, criminal defense lawyer represented the Defendant charged with conspiracy to distribute (and to possess with intent to distribute) fentanyl, and possession of a firearm in furtherance of a drug

trafficking crime.



Based on the evidence presented at trial, a reasonable jury could have

found beyond a reasonable doubt that the evidence established that (1) Pineda

had constructive possession of the firearm found in the center console of the

vehicle; (2) he had dominion and control over the vehicle; and (3) the

evidence supported an inference that he knew of and had access to the

firearm. See United States v. Suarez, 879 F.3d 626, 632 (5th Cir. 2018); see

also United States v. De Leon, 170 F.3d 494, 497 (5th Cir. 1999); United States

v. McKnight, 953 F.2d 898, 901 (5th Cir. 1992). Given Pineda's involvement

in planning the drug transaction, his participation in it, and other

circumstantial evidence (such as a video call in which he displayed other

contraband in the console), a reasonable jury also could have found, beyond

a reasonable doubt, that he had the intent to control the firearm. See

Henderson v. United States, 575 U.S. 625, 626 (2015).

Affirmed