Whitaker v. People

Whitaker (defendant) was found with nearly nine pounds of methamphetamine in a bag on an interstate bus after appearing nervous during a police stop; he was convicted of possession with intent to distribute over 1,000 grams and of the special-offender enhancement for importing the drug into Colorado. He appealed, arguing the jury should have been instructed that the prosecution needed to prove he knew both the quantity involved and that he was importing it into the state; the court of appeals upheld the conviction, and he appealed further.

Whether, for conviction of possession with intent to distribute, state law imposes a mens rea requirement as to the quantity of drugs involved or the special-offender finding of importing the drug into the state.