United States v. Son Anh Chu

Son Anh Chu appeals his convictions for possession of heroin with intent to distribute, 21 U.S.C. § 841 (a)(1) (1988), and importation of heroin, 21 U.S.C. § 952 (a) (1988). Chu contends the district court erroneously instructed the jury that possession of a substantial quantity of a controlled substance alone may be sufficient to support a finding of knowing possession. We have jurisdiction under 28 U.S.C. § 1291 . We hold the instruction was erroneous, reverse Chu’s convictions and remand for retrial.

Customs agents detained Chu at Los An-geles International Airport after he arrived on a flight from Thailand. Chu was en route to New York City after spending three months in Asia, mostly in Vietnam. Chu was carrying 2,775 grams of heroin with a street value of approximately $11 million. The heroin was concealed inside lacquerware picture frames, which were packed inside a sealed box in Chu’s suitcase.

Chu conceded that he possessed the heroin, because it was found in his suitcase, but he contended that he did not know it was there. He testified that the picture frames were already packed in the sealed box when the box was given to him by a family friend in Vietnam. He also…