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U.S. v. BERRY

No. 11-2186.

717 F.3d 823 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Norman Washington BERRY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 26, 2013.

Attorney(s) appearing for the Case

Margaret Ann Katze , Assistant Public Defender, District of New Mexico ( Brian Anthony Pori , Assistant Federal Public Defender, on the brief), Albuquerque, NM, for Defendant-Appellant.

Gregory J. Fouratt , United States Attorney Office ( Kenneth J. Gonzales , United States Attorney; Laura Fashing , Assistant United States Attorney, on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before HOLMES, O'BRIEN, and MATHESON, Circuit Judges.

O'BRIEN, Circuit Judge.

What started as a routine inspection of Norman Washington Berry's commercial tractor-trailer at a New Mexico port of entry eventually revealed boxes of marijuana nestled in with his load of cantaloupe. A jury convicted Berry of possession with intent to distribute 100 kilograms or more of marijuana. He complains about a "permissive inference" instruction given to the jury and claims the evidence was insufficient to establish the weight of the...

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