Permissive Inference Instruction in Drug Case Approved

U.S. v. Badilla, --- F.3d ----, 2005 WL 1972616 (10th Cir. August 17, 2005): The Court affirms its prior decision in this Booker remand case. Defendant had been convicted of narcotics trafficking, and was sentenced to 78 months in prison and four years supervised release, and he appealed. The Court initially affirmed. U.S. v. Badilla, 383 F.3d 1137. The Supreme Court vacated and remanded for further consideration, in light of United States v. Booker. On remand, the Court held that: (1) a jury instruction that stated the jury could infer, but was not required to infer, that a driver in sole possession of the vehicle in which a large quantity of marijuana was found had knowledge of the drugs, did not violate the defendant's Sixth Amendment right to have jury determine any fact that would increase defendant's sentence, and (2) the imposition of an obstruction of justice sentencing increase under mandatory Sentencing Guidelines was not plainly erroneous because the jury also would have found that the defendant lied on the stand when he denied knowledge.