United States v. de Velasquez
United States Court of Appeals for the Second Circuit
28 F.3d 2 (1994)
Customs agents found heroin in the soles of the shoes that Ana Marin de Velasquez (defendant) was wearing after her flight from Colombia landed in New York. Velasquez admitted she was transporting heroin internally but denied knowing about the drugs in her shoes. Instead she claimed that Colombian drug traffickers gave her the shoes to identify her to her contact in New York. After Velasquez pled guilty, the court included the heroin in her shoes in calculating the total amount imported for sentencing purposes. Velasquez appealed, arguing that the mens rea doctrine and due process required the trial court to exclude the heroin in her shoes. In the alternative, Velasquez argued that the court should have included the heroin in her shoes only if it was reasonably foreseeable that the shoes contained heroin.
Rule of Law
Holding and Reasoning (McLaughlin, J.)
What to do next…
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 711,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
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.Learn about our approachRead more about Quimbee
Here's why 711,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,600 briefs, keyed to 983 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.