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U.S. v. ABREU

No. 02-1164.

342 F.3d 183 (2003)

UNITED STATES of America, Appellee, v. Rafael Garcia ABREU, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 2, 2003.

Attorney(s) appearing for the Case

Paul Morris, Law Offices of Paul Morris, P.A., Miami, Florida, for Defendant-Appellant.

Mark A. Racanelli, Assistant United States Attorney, New York, New York (James B. Comey, United States Attorney, Gary Stein, Assistant United States Attorney, Southern District of New York, New York, New York, of counsel), for Appellee.

Before: VAN GRAAFEILAND, CARDAMONE, and JACOBS, Circuit Judges.

CARDAMONE, Circuit Judge.

At the heart of this appeal lies the question of whether defendant knew that a container in his bedroom held bricks of cocaine. He took the stand and denied knowledge of this critical fact, perhaps believing with the poet that "ignorance is bliss."1 The government, required to prove defendant's knowledge to convict him of the crime for which he was on trial, and in the face of his denial of actual knowledge, sought...

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