United States v. Jewell

Facts

Jewell entered into the United States with 110 pounds of marijuana in his car, valued at $6,250. It was concealed between the trunk and the rear seat. He was charged under 21 U.S.C. § 841 and 21 U.S.C. § 960, which requires Jewell to act knowingly. Jewell testified that he did not know there was marijuana un his car. There was evidence in which the jury could infer that he had positive knowledge of the marijuana, and that his contrary testimony was false. On the other hand, there was also evidence in which the jury could conclude that he knew of the presence of the secret compartment and had knowledge of facts indicating that it contained marijuana, but that he deliberately avoided knowledge of the presence of the drugs to avoid responsibility.

Jewell asked for an instruction that to return a guilty verdict, the jury must find that the defendant knew he was in possession of marijuana. The trial judge rejected this instruction because it suggested that “absolutely, positively, he has to know it’s there.” Instead, the court instructed the jury that “knowingly” meant voluntarily and intentionally and not by accident or mistake. Jewell was found guilty.