United States v. James Beckett

In September 1982, defendant James Beckett was in a hotel room where James Spivey was selling cocaine to an undercover agent. During the transaction, the agent showed Beckett a transparent bag full of cocaine and asked Beckett if he knew what it was. Beckett said yes. The agent then asked him if the cocaine in the bag was the same as that the agent had received in an earlier sample. Beckett said he thought so, but could not be sure. Next, the police entered the room and arrested both Spivey and Beckett. During the subsequent trial, the district court issued the Jewell instruction on conscious avoidance to the jury, and Beckett’s only contention on appeal is that it was error to do so.

The Jewell instruction allows the jury to find intent if 1) the defendant knew of facts indicating that there was a high probability that he was involved in a drug transaction, and 2) he deliberately avoided learning the truth of the matter. United States v. Jewell, 532 F.2d 697, 703-04 (9th Cir.1976) (en banc). The theory behind this instruction is “that a person who shuts his eyes to an obvious means of knowledge has sufficient mens rea” to be convicted. Edwards, The Criminal Degrees of Knowledge,…