Legal Opinion · Concurrence

United States v. George Jefferson

Court of Appeals for the Ninth Circuit

Decided June 26, 2015No. 13-50647Published

1ConcurrenceW. Fletcher, Circuit Judge

I concur in Judge Wardlaw’s careful opinion, which faithfully applies our circuit’s law regarding the mens rea required to sentence a defendant convicted of illegally importing drugs. But I do so only because we are bound by United States v. Carranza, 289 F.3d 634 (9th Cir.2002). Under the rule of Carranza and its predecessors, a defendant who reasonably believes that he is importing a relatively small quantity of marijuana into the country must be sentenced to the ten-year mandatory minimum prison term that applies to a defendant who knowingly imports the same quantity of methamphetamine. I…

2Cases cited16 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
  3. United States v. BalintSupreme Court of the United States · 1922
  4. United States v. Edward CarranzaCourt of Appeals for the Ninth Circuit · 2002
  5. McFadden v. United StatesSupreme Court of the United States · 2015

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