UNITED STATES of America, Plaintiff-Appellee, v. Jose Tamayo BARON, Defendant-Appellant

We must decide whether the district court committed plain error by giving a Jewell “deliberate ignorance” instruction in this drug trafficking case.

I

In February 1995, while driving through Arizona, appellant Jose Tamayo Baron was pulled over for speeding by Department of Public Safety (“DPS”) Patrol Officer Jennifer Lynn Huskisson. When Baron rolled down his driver’s side window, Huskisson noticed an “overpowering” cherry fragrance coming from inside the car. Baron produced a title for the vehicle; however, the title was not in his name, and it indicated that the record owner had sold the vehicle in November 1994. Baron was also unable to provide a vehicle registration or proof of insurance. When Huskisson asked Baron who owned the car, he stated that it was owned by a female Mend whose name he could not recall. He also stated that the female Mend had loaned the car to an individual whom he later identified as “Alberto Salgado,” and that Salgado had in turn loaned him the car. Huskisson noticed that the car was very clean and contained no luggage or personal effects. She observed a screwdriver on the passenger floorboard, and noted that Baron’s hands shook slightly as he…