United States v. Manjit Kaur

Manjit Kaur was convicted of possessing and distributing pseudoephedrine knowing or having “reasonable cause to believe” that it would be used to manufacture methamphetamine in violation of 21 U.S.C. § 841 (c)(2). On appeal, Ms. Kaur challenges the district court’s jury instruction explaining the meaning of the reasonable cause to believe mental state found in that statute (“Instruction 17”). This circuit has not previously interpreted that statutory mens rea requirement. We hold that the district court did not abuse its discretion in formulating Instruction 17, which fairly and accurately described the required mental state.

I. Background

Appellant Manjit Kaur owned a convenience store in Spokane, Washington. In June 2002, a confidential source working with the Drug Enforcement Agency purchased large quantities of pseudoephedrine at Ms. Kaur’s store. As a result, Ms. Kaur was charged with distributing pseu-doephedrine knowing or having reasonable cause to believe that it would be used to make methamphetamine. Agents later seized additional pseudoephedrine from her store, and Ms. Kaur was charged with possessing pseudoephedrine knowing or having reasonable cause to believe that…