## Facts

- Providence police conducted an undercover narcotics investigation focused on apartment 706 at 70 Peace Street in Providence, Rhode Island.
- Officers observed Temistocles Paulino in and around the apartment on multiple occasions in late May and early June 1992.
- During a controlled cocaine buy by an informant inside the apartment, detectives observed Paulino looking out from a window.
- Police executed a search warrant on June 11, 1992, finding Paulino in the kitchen and another person in the bathroom; the primary suspect was not present.
- The small apartment contained substantial drug evidence, including multiple bags of cocaine (64.02 grams total), a cocaine/heroin mixture (11.79 grams), and an additional cocaine rock (95.11 grams) showing signs of recent processing.
- Officers found drug paraphernalia on or near a coffee table, including a digital scale, sifters, packaging materials, cutting agents, and a notebook appearing to record drug transactions.
- A loaded revolver was found under clothing on a nearby chair within easy reach of the drugs.
- Police recovered from Paulino the only key to the apartment’s front door; no other key was found.
- Officers also seized a money-order receipt bearing Paulino’s name and listing 70 Peace Street as his address, reflecting a $580 payment to the property manager for rent.

## Issues

1. Whether the evidence was sufficient to permit a rational jury to find beyond a reasonable doubt that Paulino constructively possessed the drugs and firearm and participated in the trafficking operation, rather than being merely present.
2. Whether the money-order rent receipt was properly admitted, including (a) whether it was adequately authenticated under Federal Rule of Evidence 901 and (b) whether it was inadmissible hearsay.
3. Whether any additional evidentiary or trial-management rulings required reversal or a new trial.

## Decision

- The First Circuit affirmed the district court’s judgment and left the convictions intact.
- The court held the evidence, viewed in the light most favorable to the government, was sufficient to support the jury’s findings of dominion and control over the premises and contraband.
- The court upheld admission of the money-order receipt, finding adequate authentication and rejecting the hearsay objection based on its use to connect Paulino to the apartment and/or applicability of an exception.
- The court rejected Paulino’s remaining appellate claims as not warranting relief.

## Legal Principles

- On sufficiency review, an appellate court views the trial evidence and reasonable inferences in the government’s favor and asks whether a rational factfinder could find guilt beyond a reasonable doubt.
- Constructive possession may be proven through circumstantial evidence showing dominion and control over premises and contraband, including exclusive access indicators (such as possession of the only key) combined with other incriminating circumstances.
- Authentication and admissibility are separate evidentiary inquiries; a document may be authenticated through circumstantial evidence under Federal Rule of Evidence 901.
- Routine transactional documents (such as rent or money-order receipts) may be admissible to show a defendant’s connection to a location when offered for a non-hearsay linkage purpose and/or when a hearsay exception applies.

## Conclusion

The First Circuit concluded that Paulino’s repeated presence, observation during a controlled buy, possession of the apartment’s only key, and documentary evidence tying him to the apartment—together with the obvious, extensive drug-trafficking setup and nearby loaded firearm—supported the convictions, and that the rent receipt was properly authenticated and admitted.


United States v. Paulino, 13 F.3d 20 (1st Cir. 1994)