United States v. Eduardo De Francisco-Lopez

The court errs in this case because it (1) adopts a definition of deliberate ignorance which is inconsistent with Tenth Circuit precedent, (2) holds that the same fact or facts cannot be used to prove both actual knowledge and deliberate ignorance, and (3) requires that the evidence show that defendant “knew there were drugs hidden in the car” for a deliberate ignorance instruction to be proper. Ct. Op. at 1412. Though reasonable minds could differ on the import of the evidence in this case, when viewed in the light most favorable to the government, the evidence supports the district court’s…