United States Fifth Circuit

Where a defendant claims ignorance of knowledge of contraband in his possession, but refuses to testify, he cannot avoid a deliberate ignorance jury instruction because his conduct might also be construed as evincing actual knowledge, and such instruction did not create a risk of conviction based on mere negligence or stupidity.

Appellate Information

• Decided 09/23/2002
• Published 09/23/2002

Judges

• JERRY E. SMITH, Circuit Judge:, Before DAVIS, SMITH and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Joseph H. Gay, Jr. and Mark Randolph Stelmach (argued), Asst. U.S. Attys., San Antonio, TX, for Plaintiff-Appellee., David Glenn Rogers (argued), Brockett & Lindemood, Midland, TX, for Defendant-Appellant.