Nunley

United States v. Nunley

Good Law
339 F. App'x 844
United States Court of Appeals for the Ninth CircuitAugust 5, 2009No. 08-10223California712 words

Opinion

Lead Opinion

MEMORANDUM ***

A jury convicted Larry Wayne Nunley of conspiracy to possess 100-1000 kilos of marijuana for distribution (Count I); possession of 100-1000 kilos of marijuana for distribution (Count II); and conspiracy to commit money laundering (Count III), in violation of 21 U.S.C. §§ 841 (a)(1), (b)(l)(A)(vii), (b)(l)(B)(vii), and 846, and 18 U.S.C. §§ 1956 (a)(1)(A)®, (a)(l)(B)(ii), and 1956(h). On each of these three counts, he was sentenced to 78-month terms of imprisonment, to run concurrently. Additionally, on Counts I and II, he was sentenced to two four-year terms of supervised release and on Count III a three- *846 year term of supervised release, to run concurrently.

Nunley first challenges on appeal his conviction on Count II — possession of 100 — 1000 kilos of marijuana for distribution. He contends there was no evidence to support a jury instruction that the mens rea requirement would be satisfied by proof Nunley acted with willful blindness or deliberate ignorance; that is, a Jewell instruction should not have been given. 1 See United States v. Jewell, 532 F.2d 697 (9th Cir.1976); see also United States v. Heredia, 483 F.3d 913, 922 (9th Cir.2007). We review the…

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