Professional Documents
Culture Documents
No. 98-4843
We will not reverse on the ground that the trial court refused to
give an instruction requested by a defendant unless the instruction:
"(1) was correct; (2) was not substantially covered by the court's
charge to the jury; and (3) dealt with some point in the trial so important that failure to give the requested instruction seriously impaired
the defendant's ability to conduct his defense." United States v.
Queen, 132 F.3d 991, 1000 (4th Cir. 1997) (citations omitted). We
conclude the court did not abuse its discretion based upon these
criteria.
Mata's requested instruction is correct; a jury is free to consider
any evidence or lack of evidence regarding drug distribution equipment or a distribution network. However, the jury was properly
instructed that it should "carefully and impartially consider all the evidence in the case." (J.A. 190). Indeed, in closing argument to the jury,
Mata's counsel noted the lack of the usual indicia of a distribution
network, such as guns and baggies. The court was not required to specifically list every aspect of the evidence that the jury could consider.
Mata's only defense was that he was unaware that the bags contained a controlled substance. This defense, coupled with his conces_________________________________________________________________
drugs found was] so huge as to require that the case proceed on the theory that the quantity conclusively has demonstrated an intent to distribute.'" United States v. Baker, 985 F.2d 1248, 1259 (4th Cir. 1993)
(quoting United States v. Levy, 703 F.2d 791, 793 n.7 (4th Cir. 1983)).
This is precisely what the district court ruled in Mata's case: "And let me
tell you [counsel] now, because of the quantity of drugs involved in here,
you won't get a lesser included offense. If the jury--because there is no
way anybody gets two hundred kilos or hundred kilos for their own personal habits." (J.A. 175). Mata's counsel conceded the point during closing argument to the jury: "Obviously, you can't use 210 pounds. You
have to get rid of it." (J.A. 186). Moreover, there was no "affirmative
evidence unrelated to drug quantity from which the[jury] could have
reasonably inferred that the defendant possessed the drugs solely for personal use." United States v. Wright, 131 F.3d 1111, 1115-16 (4th Cir.
1997), cert. denied, ___ U.S. ___, 66 U.S.L.W. 3782 (U.S. June 8, 1998)
(No. 97-9034). Given the undisputed facts and the defendant's concession, there was no possibility of a reasonable inference of simple possession.
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