In PANNELL v. U. S., decided on April 7, 2016, the Court of Appeals reversed a Possession of Control Substance (PCP) conviction and remanded for the conviction to be vacated as there was insufficient evidence to convict based on the theory of constructive possession. Here, the undercover Officer had pulled over a vehicle with two front seat occupants. Two PCP cigarettes were found in the middle console closer to the passenger side seat than the driver. Assuming based on that proximity that the cigarettes belonged to Pannell, he was arrested and charged while the driver without being searched was given
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