United States v. Eugene John Davis

Davis was convicted of illegally importing into the United States from Mexico 79 pieces of pre-Columbian statuary concealed in his automobile without, as required by law, presenting and declaring that merchandise to customs agents for inspection at the border. 18 U.S.C. § 545 [second paragraph].

I.

Davis admitted knowing that the artifacts were packed tightly in his station wagon under the rear seat and in the spare tire wheel well. He also admits the intent on his part to import the statuary. His major defense* is that he did not intend to fail to declare the statuary at the border. He argues that customs agents at the border distracted him before he had a chance to present the statuary, and, that if he had been given the opportunity to declare the items, or if he had been specifically requested to do so, he would have complied with his statutory duty to present and declare the merchandise.

Davis contends that the District Court erred in not presenting his requested jury instruction, advising the jury of the requirement of specific intent. Davis also claims that the District Court erred in refusing to instruct the jury that the prosecution, as a part of its case, must have…