Quimbee logo
DMCA.com Protection Status
From our private database of 17,300+ case briefs...

United States v. De La Torre

United States Court of Appeals for the Tenth Circuit
599 F.3d 1198 (2010)


Facts

The United States government (plaintiff) prosecuted Julio De La Torre (defendant) on two counts of possessing a controlled substance with intent to distribute, one count for methamphetamines and the other for marijuana. The trial evidence established that police raided a hotel room where De La Torre and others had been smoking marijuana. A police officer saw De La Torre running from the hotel with a backpack, which the officer later saw De La Torre discard. When police retrieved and searched the backpack, they found distribution quantities of marijuana and methamphetamines inside. De La Torre testified that another occupant of the room gave him the backpack, and that because the room's occupants had been using marijuana exclusively, De La Torre believed the backpack contained marijuana but no other drugs. De La Torre admitted that, after police retrieved and searched the backpack, he realized that the backpack also contained methamphetamines. The judge instructed the jury that the government did not need to prove that De La Torre knew the precise nature of the illegal drugs in his possession, and that the jury could convict De La Torre on the methamphetamines count even if they believed that De La Torre was ignorant of the methamphetamines in the backpack. The jury convicted De La Torre for possessing both marijuana and methamphetamines, and De La Torre appealed the methamphetamines conviction to the United States Court of Appeals for the Tenth Circuit.

Rule of Law

Issue

Holding and Reasoning (Murphy, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,300 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial