Juvenile

United States v. Juvenile

Good Law
108 F. App'x 545
United States Court of Appeals for the Ninth CircuitSeptember 3, 2004No. 03-50488California566 words

Opinion

Lead Opinion

*547 MEMORANDUM *

Juvenile challenges the sufficiency of the evidence in support of the district court’s determination that he committed an act of juvenile delinquency under 18 U.S.C. § 5032 by importing methamphetamine in violation.of 21 U.S.C. §§ 952 , 960.

Even viewing the evidence in the light most favorable to the prosecution, the government proved beyond a reasonable doubt only that Juvenile was a passenger in a vehicle driven by his father and that he knew that his father had loaded illegal drugs into the vehicle. “[Mjere knowledge of the presence of contraband [in a vehicle], without evidence suggesting a passenger’s dominion or control of the contraband, is insufficient to prove possession.” United States v. Ramirez, 176 F.3d 1179, 1181 (9th Cir.1999). As in Ramirez , there is no evidence suggesting Juvenile’s dominion over the contraband: he was not connected to the drugs by fingerprint evidence, he did not drive or own the vehicle or load drugs into it, and drugs were not found on his person. See id.; cf. United States v. Herrera-Gonzalez, 263 F.3d 1092, 1097-98 (9th Cir.2001) (“Sometimes youthful inexperience and lack of common sense, impecuniousness, or personal…

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