Franqui Francisco Flores de Freitas v. United States
Environmental SocialSecurity Securities Immigration
Can a jury be instructed on conscious-avoidance,criminal-defendant,knowledge,evidence,deliberate-steps
QUESTIONS PRESENTED 1. Cana jury be instructed that it may convict based on a criminal defendant’s conscious avoidance of knowledge of a necessary fact, without needing to find the defendant’s actual knowledge of that fact, where the evidence shows that the defendant was aware of a high probability that the fact existed, but does not show that the defendant took deliberate steps to avoid confirming the existence of that fact? 2. Does the Sentencing Guidelines’ enhancement for using a private aircraft “to import” a controlled substance, U.S.S.G. § 2D1.1(b)(8)(A), apply when a private aircraft is merely used (or planned to be used) to bring the controlled substance from one place outside of the United States to another place outside of the United States, but not used (or planned to be used) to bring the controlled substance across the border into the United States? (i)