United States v. Karen D. Thompson
Opinion
Opinion
Fletcher, J.
Karen Thompson, who was arrested at an airport after cocaine was found in her suitcase, appeals her conviction and sentence for possession of cocaine with intent to distribute, a violation of 21 U.S.C. § 841 (a)(1). She argues that the district court erred in preventing her from commenting at trial on the lack of fingerprint and other evidence tying her to knowledge of the contents of the suitcase. She also argues that the district court wrongly concluded it had no authority to depart downward on the basis of racially disparate impact of the crack cocaine provisions of the sentencing guidelines.
We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We reverse Thompson’s conviction and remand for a new trial. We do not reach Thompson’s sentencing issue.
FACTS AND PROCEDURAL HISTORY
On January 12, 1993, Thompson was observed by Los Angeles police officers at Los Angeles International Airport. She exited a car driven by an unidentified man, took a suitcase which he pulled out-of the trunk, and checked the suitcase with a curbside skycap. The officers claim she appeared nervous, and repeatedly looked around in all directions. She proceeded inside the…