Monday, March 09, 2015

Eighth Circuit: United States v. Ismael Corrales-Portillo

Informant information was sufficient basis for search under the totality of the circumsatances when the police monitored the entire transaction, were given the description of the vehicle and the defts, and the informant visually indicated the vehicle.

No error in deliberate ignorance jury instruction where deft was generally aware of contraband and was clearly "learning the ropes" of the operation.

Testimony of the informant was sufficient for finder of fact to convict on conspiracy.

Proximacy and probable complicity sufficient for Possession with Intent to Distribute.

Within-Guidelines sentence upheld.  Sentencing court did not need to disavow mistaken statement by government during sentencing.

United States  v.  Ismael Corrales-Portillo
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.