United States v. Julio C. Valle-Valdez

WALLACE, Circuit Judge:

Valle-Valdez appeals his conviction of possession with intent to distribute 677 pounds of marijuana in violation of 21 U.S.C. § 841(a)(1). He contends that a jury instruction pertaining to conscious purpose to avoid learning the truth about the presence of the contraband was erroneous in light of United States v. Jewell, 532 F.2d 697 (9th Cir.) (en banc), cert. denied, 426 U.S. 951, 96 S.Ct. 3173, 50 L.Ed.2d 1188 (1976), and that the error requires reversal. We agree and reverse.

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Immediately prior to Valle-Valdez’ arrest, a Border Patrol agent observed him driving an…