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United States v. Michelena-Orovio

United States Court of Appeals for the Fifth Circuit

719 F.2d 738 (1983)

Relevant factsFree

Levino Michelena-Orovio (defendant), captain of a small shrimping vessel with no fishing equipment or other cargo aboard, was arrested at sea while transporting 12 tons of marijuana from Colombia toward the United States, stored in an unlocked cargo hold whose marijuana odor was reportedly overwhelming at times. He was convicted of conspiracy to import marijuana and conspiracy to possess with intent to distribute, and he appealed, arguing he neither knew he was transporting marijuana nor had any intent to see it distributed once it reached port.

IssueFree

Whether a defendant's knowledge of and involvement in an overarching conspiracy to distribute marijuana inside the United States can be inferred from his role as transporter of the contraband.

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