Whether the government may rely on a deliberate ignorance theory to establish a conspiracy conviction, when there is no evidence of deliberate action to avoid learning the fact at issue, and the defendant's decision to remain ignorant was influenced by coercion

QUESTIONS PRESENTED FOR REVIEW The questions presented are whether, in a criminal case, the government may rely on a deliberate ignorance theory of the knowledge mens rea: (1) to establish a conspiracy, even though a conspiracy conviction requires that a defendant have the mens rea of “purpose,” a higher mens rea than knowledge; (2) when there is no evidence that the defendant took any sort of “deliberate action” to avoid learning (or “knowing”) the fact at issue; or (3) the evidence shows the defendant’s “decision” to remain ignorant about the fact at issue was “influenced by coercion?” i STATEMENT OF RELATED CASES United States v. Luis Francisco Murillo Morfin, No. 2:18-cr-0206-JFW, United States District Court for the Central District of California. District court proceeding in which the issue that is the subject of this petition was litigated. Judgment was entered on March 4, 2019. United States v. Luis Francisco Murillo Morfin, No. 19-50076, United States Court of Appeals for the Ninth Circuit. Direct appeal deciding issue raised in this petition. Judgment was entered on August 26, 2020. ii