United States v. Burgos, No. 11-1877 (1st Cir. 2012)Annotate this Case
After a jury trial, Defendant was convicted of one count of conspiring to distribute and to possess with intent to distribute marijuana. Defendant appealed, claiming (1) the evidence was insufficient to support the conviction, and (2) the district court erred in giving a "willful blindness" instruction. The First Circuit Court of Appeals reversed the conviction, holding (1) the record did not establish that Defendant was willfully blind to drug-related activity; and (2) the Government, therefore, did not meet its burden of poof with respect to the second element of the charged conspiracy - that Defendant "had knowledge of the conspiracy." Remanded to the district court with instructions to enter a judgment of acquittal.