United States v. Haile
United States Court of Appeals for the Eleventh Circuit
685 F.3d 1211 (2012)
Mark Anthony Beckford (defendant), tried alongside co-defendant Randy Vana Haile, was arrested when he drove a truck to a prearranged exchange of cash and guns for drugs with an undercover agent posing as a dealer. Agents found cash, several firearms, and ammunition stashed in the back of the truck, out of Beckford's reach, meaning the government could establish only constructive, not actual, possession. One of the rifles had an obliterated serial number, but the government offered no direct evidence Beckford knew about the obliteration and no evidence showing how long he had constructively possessed that particular rifle or whether he'd had any real opportunity to inspect it.
Whether evidence of constructive possession, by itself, is enough to prove a defendant knowingly possessed a firearm with an obliterated serial number.