Romero

United States v. Romero

Good Law
27 F. App'x 806
United States Court of Appeals for the Ninth CircuitNovember 14, 2001No. 00-50741; D.C. No. CR-99-03503-TJWCalifornia830 words

Opinion

Lead Opinion

MEMORANDUM **

Juanita Romero (“Romero”) appeals her conviction for possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

*807 Following a two-day jury trial, Romero was convicted of possession with intent to distribute approximately 50 pounds of marijuana. During the trial, Romero moved to substitute her retained counsel. The court denied the request.

During jury deliberations, the jury submitted two notes to the court. One note stated, “Can we have the definition of ‘intent to distribute’?” and the other note (with two questions) stated “(1) Must we find that the defendant herself had the specific intent to distribute marijuana? (2) What is the definition of ‘intent’?” [emphasis in original].

After consulting with counsel from both sides, the court responded to the three questions as follows: On the first note, the court wrote: “Intent to distribute means the intent to deliver to another person.” On the second note, the court wrote: “(1) No. You must find that the defendant did not intend to keep the marijuana but rather intended to deliver it to another…

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