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Tenth Circuit: Mere Presence in Vehicle Used to Transport Large Quantity of Drugs Insufficient to Establish Necessary Intent for Conspiracy Conviction

Loaded on Sept. 1, 2024 by Anthony Accurso published in Criminal Legal News September, 2024, page 36
Filed under: Conspiracy, Mere Presence, Methamphetamine, Weight and Quantity of Drugs. Locations: California, Oklahoma.

by Anthony W. Accurso

The U.S. Court of Appeals for the Tenth Circuit reversed the convictions of the unwitting passenger of a drug mule on the ground that the Government failed to present evidence of her knowledge of the drugs and instead relied solely on unreasonable inferences.

Tony Garcia agreed ...

 

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  1. DNA Databases, Privacy Concerns, and Noble Cause Bias, by Michael Thompson
  2. Third Circuit Announces Rehaif Applies Retroactively to Cases on Collateral Review and Rules Second-in-Time § 2255 Petition Not Successive Where Defendant Resentenced Prior to Second Petition, by Sam Rutherford
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  7. Maryland Governor Pardons Thousands of Low-Level Marijuana Convictions, Seeking to Right Historical Wrongs, by Jo Ellen Nott
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  14. Maryland Eliminates Parole Fees, by Douglas Ankney
  15. California Court of Appeal Holds Defendant Suffering From ALS and Near Death Entitled to Compassionate Release, by Sam Rutherford
  16. Forensic Microbiology and Criminal Investigations, by Douglas Ankney
  17. The FBI Really Doesn’t Want the Public to Know About This Surveillance Device, by Michael Thompson
  18. Thousands of Americans’ Mail Monitored by Law Enforcement, Records Reveal, by Jo Ellen Nott
  19. Tenth Circuit: Mere Presence in Vehicle Used to Transport Large Quantity of Drugs Insufficient to Establish Necessary Intent for Conspiracy Conviction, by Anthony Accurso
  20. California Court of Appeal Announces Correct Legal Standard for Whether Dismissal of Sentence Enhancement Would ‘Endanger Public Safety’ Under § 1385(c)(2) Is Dangerousness at Time of Future Release, Not at Time of Resentencing Under SB 1393, by Matthew Clarke
  21. New Mexico Supreme Court Holds Double Jeopardy Applies When Prosecutor’s Misconduct Willfully Disregarded Resulting Mistrial, by Matthew Clarke
  22. Texas Court of Criminal Appeals Holds Admission of Defendant’s Rap Videos at Trial Was Unfair Propensity Evidence and Orders New Trial, by Sam Rutherford
  23. Woman Left Handcuffed in Parked Cop Car Struck by Train Settles Suit for $8.5 Million, by Douglas Ankney
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