United States v. Jorge Jesus-Casteneda

MEMORANDUM

Jorge de Jesus-Casteneda appeals from his judgment of conviction for possession with intent to distribute methamphetamine under 21 U.S.C. § 841 (a)(1) and (b)(l)(B)(viii). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court did not err when overruling Appellant’s objection that the government exercised a race-based strike of a prospective juror under Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). The government offered a race neutral reason (Juror 23’s occupation), and Appellant fails to prove that race was a substantial motivating factor underlying the strike. Crittenden v. Ayers, 624 F.3d 943, 958 (9th Cir.2010).

The district court did not abuse its discretion by giving the jury a “deliberate ignorance” instruction. United States v. Heredia, 483 F.3d 913 (9th Cir.2007) (en banc). First, the jury could have rationally concluded Appellant was aware of the “high probability” he was transporting methamphetamine, id. at 919 n. 6, given that he agreed with almost a complete stranger, according to his version of the story, to drive a car that was not his own for a fee to an undisclosed location. This offer should have…