Legal Opinion
United States v. Berry
Court of Appeals for the Tenth Circuit
Decided June 26, 2013No. 11-2186PublishedCited by 16 opinions
1Opinion of the Court
O’BRIEN, Circuit Judge.
What started as a routine inspection of Norman Washington Berry’s commercial tractor-trailer at a New Mexico port of entry eventually revealed boxes of marijuana nestled in with his load of cantaloupe. A jury convicted Berry of possession with intent to distribute 100 kilograms or more of marijuana. He complains about a “permissive inference” instruction given to the jury and claims the evidence was insufficient to establish the weight of the marijuana to be more than 100 kilograms. He also claims his sentence ought not have been enhanced based on his use of a special…
2Cases cited25 opinions
- Morissette v. United StatesSupreme Court of the United States · 1952
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- United States v. HardmanCourt of Appeals for the Tenth Circuit · 2002
- United States v. Orlando MoraCourt of Appeals for the Tenth Circuit · 2002
- United States v. Johnnie T. WarrenCourt of Appeals for the Ninth Circuit · 1994
20 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- United States v. WalkerCourt of Appeals for the Tenth Circuit · 2019
- United States v. WatsonCourt of Appeals for the Tenth Circuit · 2014
- United States v. AnayaCourt of Appeals for the Tenth Circuit · 2013
- Griffith v. El Paso County, ColoradoCourt of Appeals for the Tenth Circuit · 2025
- United States v. Esquivel-RiosCourt of Appeals for the Tenth Circuit · 2013
11 more not listed; retrieve them via the Exa API.