Tuesday, November 27, 2012

Ninth Circuit -- USA V. KENIA MUNGUIA

Trial court erred in giving jury instruction that the meth statute scienter requirement was objective.  Statute is subjective, consideration must be given to limits of deft.

Concurrence: Speculative claims along these lines checked by FRE 403.


USA V. KENIA MUNGUIA
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.