[DOWNLOAD] "United States V. Jewell" by United States Court of Appeals for the Ninth Circuit # Book PDF Kindle ePub Free

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eBook details

• Title: United States V. Jewell
• Author : United States Court of Appeals for the Ninth Circuit
• Release Date : January 27, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

We took this case in banc to perform a simple but necessary "housekeeping" chore. The opinion in United States v. Davis, 501 F.2d 1344 (9th Cir. 1974), refers to possession of a controlled substance, prohibited by 21 U.S.C. § 841(a)(1), as a "general intent" crime. If this means that the mental state required for conviction under section 841(a)(1) is only that the accused intend to do the act the statute prohibits, the characterization is incorrect. The statute is violated only if possession is accompanied both by knowledge of the nature of the act and also by the intent "to manufacture, distribute, or dispense." United States v. Clark, 475 F.2d 240, 248-49 (2d Cir. 1973). The jury was so instructed in this case. We are unanimously of the view that this instruction reflects the only possible interpretation of the statute. The contrary language in Davis is disapproved.

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