Evidence keyed to Mueller
United States v. Gould
Charles Gould and Joseph Carey, Defendants, were convicted of conspiracy to import drugs and importing cocaine from Colombia South America. Defendants, David Miller, and Barbara Kenworthy went to Columbia together and smuggled the cocaine in two pairs of hollowed-out platform shoes. The cocaine was discovered in Kenworthy’s shoes at the Miami airport. The District Court instructed the jury that if they find the substance in the shoes in cocaine, then they are instructed that cocaine is a schedule II controlled substance under the laws of the United States. Defendants claim that it was error for the District Court to take judicial notice of the fact that cocaine is on the schedule II controlled substance. Further, the Defendants claim that it was error for the District Court to instruct the jury that the judicially noticed fact must be accepted by them.
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