Unites States v. Heredia

483 F.3d 913 (9th Cir. 2007)

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Nature of the Case

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Facts

Heredia (D) was stopped at an inland Border Patrol checkpoint. The agent noticed what he described as a 'very strong perfume odor' emanating from the car. A search of the trunk found 349.2 pounds of marijuana surrounded by dryer sheets, used to mask the odor. D was arrested and charged with possessing a controlled substance with intent to distribute under 21 U.S.C. § 841(a)(1). D testified that she borrowed her Aunt Belia's car to transport her mother back to Tucson. D had noticed a 'detergent' smell in the car as she prepared for the trip and asked Belia to explain. Belia told her that she had spilled Downey fabric softener in the car a few days earlier, but D found this explanation incredible. D admitted on the stand that she suspected there might be drugs in the car because her mother was visibly nervous during the trip and carried a large amount of cash, even though she wasn't working at the time. D claimed that her suspicions were not aroused until she had passed the last freeway exit before the checkpoint, by which time it was too dangerous to pull over and investigate. P requested a deliberate ignorance instruction, and the judge obliged. D was convicted and appealed. D claims that section 841(a)(1) extends liability only to individuals who act with actual knowledge.