United States Ninth Circuit

Marijuana is considered "merchandise" under 18 U.S.C. section 545, and to be convicted under the statute, a defendant need not know what kind of merchandise he is smuggling, merely that the merchandise is contrary to the law.

Appellate Information

• Argued 11/09/2001
• Decided 03/13/2002
• Published 03/13/2002

Judges

• WALLACE, Circuit Judge., Before GOODWIN, WALLACE and THOMAS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Gary P. Burcham, San Diego, CA, for the defendant-appellant., Patrick K. O'Toole, United States Attorney, Brian M. Pearce, Assistant United States Attorney, U.S. Attorney's Office, San Diego, CA, for the plaintiff-appellee.