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United States v. Heredia

United States Court of Appeals for the Ninth Circuit

483 F.3d 913 (2007)

Relevant factsFree

Heredia (defendant) was stopped at a U.S.-Mexico border checkpoint, and officers found 349 pounds of marijuana in the trunk of her aunt's borrowed car. At trial, Heredia testified her aunt had explained away a strange smell as spilled detergent, that her mother, who rode with her, seemed unusually nervous, and that her mother carried a surprisingly large amount of cash despite being unemployed -- yet Heredia never checked the trunk before reaching the checkpoint. The jury was instructed it could convict her if it found she was deliberately ignorant of a high probability that drugs were in the car, and it convicted her; she appealed, challenging that instruction.

IssueFree

Whether a defendant may be convicted of possessing a controlled substance without proof of actual knowledge, where the evidence shows she had a high suspicion of the substance's presence but deliberately avoided confirming it.

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