United States v. De Jesus-Viera, No. 10-1365 (1st Cir. 2011)Annotate this Case
Customs and Border Patrol officers seized more than two kilograms of heroin and 96 kilograms of cocaine from defendant's vehicle during a border search conducted upon his return to Puerto Rico from the Dominican Republic. Convicted of intentionally possessing heroin and cocaine with intent to distribute (21 U.S.C. 841(a)(1) and (b)(1)(A)) and intentionally importing heroin and cocaine to the U.S. heroin and cocaine (21 U.S.C. 952(a) and 960(b)(1)(A), (B)), defendant was sentenced to 188 months' imprisonment. The First Circuit affirmed, finding the evidence sufficient to support conviction. The court properly denied a motion to suppress; probable cause was supported by evidence of alterations to the car, inconsistent answers to questions, a canine inspection, and abnormal scan results. The court properly instructed the jury on a willful blindness theory and properly denied a request for an offense-level reduction for playing a minor role in the criminal activity.