United States v. Pacific Hide & Fur Depot, Inc., United States of America v. William Knick

Following a jury trial, defendants William Knick and Pacific Hide & Fur Depot, Inc. were convicted for violations of the Toxic Substances Control Act (TSCA), 15 U.S.C. §§ 2601-2629 (1982). On appeal, Knick and Pacific Hide raise various arguments relating to the sufficiency of the evidence, misjoinder of offenses, prosecutorial misconduct, invalidity of the specific regulations under which they were convicted, miscellaneous evidentiary rulings, and error in instructing the jury. We reverse on the last stated ground, error in the jury instructions, and do not reach the other contentions. We rule it was improper to instruct the jury on the doctrine of deliberate avoidance or willful blindness. See United States v. Jewell, 532 F.2d 697 (9th Cir.) (en banc), cert. denied, 426 U.S. 951 , 96 S.Ct. 3173 , 49 L.Ed.2d 1188 (1976).

Pacific Hide owns and operates scrap metal salvage yards in the Pacific Northwest, and Knick manages its salvage yard in Pocatello, Idaho. Pacific Hide purchased the Pocatello site in 1979 from McCarty’s, Inc. At the time of the sale, McCarty’s retained ownership of adjacent property known as the McCarty Pit, but granted Pacific Hide the right to remove…