United States v. Dorian Fowler

MEMORANDUM

Dorian Shareef Fowler appeals his conviction and sentence for importation of cocaine in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the facts of this case, we need not recount them here.

First, viewed in the light most favorable to the government, the government presented sufficient evidence to allow a reasonable jury to conclude beyond a reasonable doubt that Fowler knowingly imported over eleven pounds of cocaine. Mere possession of a substantial quantity of narcotics, as in the case here, is sufficient evidence to support a finding of knowledge. See United States v. Collins, 764 F.2d 647, 652 (9th Cir.1985) (holding that defendant’s possession of a shipment containing almost eight pounds of cocaine was sufficient to support the jury’s finding of knowledge). Moreover, a jury may infer knowledge when an individual is the driver and sole occupant of a vehicle containing drugs. See United States v. Diaz-Cardenas, 351 F.3d 404, 407 (9th Cir.2003).

Second, Fowler provided no evidence— and thus failed to demonstrate by a preponderance of the evidence — that he was a minor…