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Possible Jury Confusion over Meaning of "Actual" Meth Unlikely, Court Says

By Shari Allison

US v. Villegas, -- F.3d --, 2009 WL 225840 (10th Cir. 2/2/09) - affirmance of defendant's convictions for possession with intent to distribute narcotics Suppression motion was properly denied. Mr. Villegas maintained that after traffic stop and return of his driver's license, he did not voluntarily consent to further questioning because a hand gesture made by the officer indicated he was not free to leave. COA defers to district court fact finding because its ruling was based on demonstration of the actual gesture. Mr. Villegas was charged with possessing just under 500 grams of a mixture of meth, but the government offered lab reports that there was more than 50 grams of "pure" or "actual" meth. Accordingly, Mr. Villegas faced a mandatory minimum sentence of 10 years...continue to full post

Full post as published by Tenth Circuit Blog on February 09, 2009 (boomark / email).