Deliberate ignorance jury instruction warranted where evidence showed defendant avoided knowledge of contents of cargo he was transporting

TRIAL United States v. Baz, No. 05-2106, ___ F.3d ___ (10th Cir. Apr. 7, 2006)(New Mexico). Appeal of conviction for possession with intent to distribute marijuana. HELD: Deliberate ignorance jury instruction was warranted in case alleging knowing possession with intent to distribute marijuana where evidence supported inference that defendant engaged in deliberate acts to avoid knowing actual nature of cargo he was transporting in his aircraft, i.e.: (1) defendant testified he knew little about man for whom he was transporting cargo boxes and misstated man’s name multiple times; (2) defendant did not know man’s telephone number, yet agreed to transport boxes across country; (3) boxes were not labeled in any way to indicate they contained computer equipment as claimed by defendant; (4) defendant possessed no documents referring to cargo or its owner; (4) defendant never asked owner why he simply did not take boxes with him on commercial flight; (5) defendant claimed never to have inspected contents of boxes he was transporting; and (6) defendant appeared nervous during police search of plane and gave conflicting statements to police. Read the opinion here.