Thursday, August 25, 2011

First Circuit -- US v. De Jesus-Viera

Narcotics smuggling search, conviction, and sentence upheld.

No plain error in not suppressing fruits of border search consisting of drilling into secret compartment, given nervousness and inconsistent stories.

No plain error in willful blindness instruction - did not cause jury to apply negligence standard.

Sufficient evidence - distinguished from similar reversal, as deft didn't own the car.

No clear error in not applying minor participant sentencing reduction, as deft didn't finger other players in the enterprise.

NB: Publshed 8/24

US v. De Jesus-Viera
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.