United States v. Berry, No. 11-2186 (10th Cir. 2013)
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What started as a routine inspection of Defendant-Appellant Norman Washington Berry’s commercial tractor-trailer at a New Mexico port of entry ended with his conviction for possessing with intent to deliver 100 kilograms or more of marijuana (the drugs were nestled inside the fruit crates). Defendant argued on appeal that a "permissive inference" in a jury instruction was given in error, in addition, he challenged the sufficiency of the evidence presented against him at trial, particularly as it established the weight of the marijuana to be more than 100 kilograms. Furthermore, he claimed his sentence ought not to have been enhanced based on his use of a special skill (commercial truck driving) to help commit the crime. Finding no error, the Tenth Circuit affirmed.
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