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Defendant's Admitted Knowledge of Marijuana in Bag Supports Conviction for Meth Also in Bag; Defendant Eligible for Safety Valve

By Shari Allison

United States v. De La Torre, ___ F.3d ___ , 2010 WL ----- No. 09-3029 (10th Cir. 2010). Defendant, convicted after trial of possession with intent to distribute marijuana and methamphetamine, testified that although he knew pot was in the backpack he carried and ditched while fleeing a police raid of a motel party room, he did not know meth was in it. He did not defend on pot count, but defended on meth count. 1. WARNING! Ain?t no such defense. Court determines that jury was properly instructed that if it found Defendant knew he possessed a controlled substance, it was immaterial what was the nature of the contraband. The government proves the mens rea by proof of knowledge of a controlled substances and does not need to prove the Defendant knew it was meth...continue to full post

Full post as published by Tenth Circuit Blog on March 31, 2010 (boomark / email).