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U.S. v. AINA-MARSHALL

Docket No. 02-1012.

336 F.3d 167 (2003)

UNITED STATES of America, Appellee, v. Bolajoko AINA-MARSHALL, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 21, 2003.

Attorney(s) appearing for the Case

Seth L. Levine, Assistant United States Attorney, for Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York (Cecil C. Scott, Seth L. Levine, Assistant United States Attorney, of counsel), Brooklyn, NY, for Appellee.

David Wikstrom, Law Office of David Wikstrom, New York, New York, for Defendant-Appellant.

Before: WINTER, CABRANES, Circuit Judges, and AMON, District Judge.

WINTER, Circuit Judge.

Bolajoko Aina-Marshall appeals from her conviction after a jury trial before Judge Raggi of importing and possessing heroin with the intent to distribute. Appellant claims that the district court improperly instructed the jury on conscious avoidance as a theory of guilt. We affirm.

BACKGROUND

On May 6, 2000, appellant arrived at JFK airport, via Zurich, Switzerland, from her home in Nigeria. A Customs agent began to inspect...

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