Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)

AND · 21usc841:knowledge

Under McFadden v. United States (576 U.S. 186 (2015)), the government must prove the defendant knew he was dealing with "a controlled substance" (either by knowing the substance is listed on the federal schedules, or by knowing the physical identity/chemical makeup of the substance even if unaware it is scheduled).

Exact element source

it shall be unlawful for any person knowingly or intentionally-
Source: docroot/ir/usc/title21.jsonl#title21_sec841; Unicode character offsets [83:146] (end exclusive); SHA-256 ebaba73bf6e21a591f44bf851f24a052a5687813c505030cd9483e17753e9420.

Routes and case patterns

Curated routes and observed case patterns
RouteDefinitionMerits instance blocksDistinct merits casesExamples (up to 3 cases per count group)
Unclassified route
provisional; 14 observed cases
no definition yet0
Satisfied 0; not satisfied 0; excluded context 14
0

Used only in non-merits blocks (14).

Excluded context examples:

United States v. Person — 427 F. Supp. 2d 894 (2006) · United States District Court for the District of Minnesota · 2006 — not reached · basis not recorded (21usc841: author: Fable · not independently reviewed) · background/merits · not counted
Pattern: not recorded

United States v. Tiangco — 225 F. Supp. 3d 274 (2016) · United States District Court for the District of New Jersey · 2016 — not reached · basis not recorded (21usc841: author: Fable · historical QA: FIX (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed) · applied/merits · not counted
Pattern: not recorded

United States v. Quintanar — 150 F.3d 902 (1998) · United States Court of Appeals for the Eighth Circuit · 1998 — not reached · basis not recorded (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · not counted
Pattern: not recorded

admission
provisional; provisional (1 case)
Whether the defendant's own statement proves knowledge.1
Satisfied 1; not satisfied 0; excluded context 0
1

United States v. Prieto-Tejas — 779 F.2d 1098 (1986) · United States Court of Appeals for the Fifth Circuit · 1986 — satisfied · conceded (21usc841: author: Fable · QA: PASS (QA1, neov2/qa/cases-v1-QA1.md)) · applied/merits · counted
Pattern: admitted/defendant-admits-knowing-possession

circumstantial
provisional; 6 observed cases
Whether knowledge of the drugs is inferred from the defendant's role and conduct.7
Satisfied 7; not satisfied 0; excluded context 0
6

United States v. Vera — 701 F.2d 1349 (1983) · United States Court of Appeals for the Eleventh Circuit · 1983 — satisfied · proved (21usc841: author: Fable · not independently reviewed) · applied/merits · counted
Pattern: loader-of-sealed-boxes-coordinated-with-delivery

United States v. Vera — 701 F.2d 1349 (1983) · United States Court of Appeals for the Eleventh Circuit · 1983 — satisfied · proved (21usc841: author: Fable · not independently reviewed) · applied/merits · counted
Pattern: owner-of-stash-premises-who-loaded-and-drove

United States v. Griffin — 150 F.3d 778 (1998) · United States Court of Appeals for the Seventh Circuit · 1998 — satisfied · proved (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · counted
Pattern: nervousness-contradictory-statements-and-high-value

United States v. Lazcano-Villalobos — 175 F.3d 838 (1999) · United States Court of Appeals for the Tenth Circuit · 1999 — satisfied · proved (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · counted
Pattern: masking-odor-border-crossings-nervousness

How courts decided this element

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopePatternExact source quotations
United States v. Person — 427 F. Supp. 2d 894 (2006) · United States District Court for the District of Minnesota · 2006 — not reached (21usc841: author: Fable · not independently reviewed)Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)not_reached
Excluded from merits counts
background / merits

claim: (a)(1),(b)(1)(A)

Unspecified routeNo source quotation recorded for this block.
United States v. Tiangco — 225 F. Supp. 3d 274 (2016) · United States District Court for the District of New Jersey · 2016 — not reached (21usc841: author: Fable · historical QA: FIX (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed)Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)not_reached
Excluded from merits counts
applied / merits

claim: (a)(1),(b)(1)(A)

Unspecified routeNo source quotation recorded for this block.
United States v. Vera — 701 F.2d 1349 (1983) · United States Court of Appeals for the Eleventh Circuit · 1983 — satisfied · proved (21usc841: author: Fable · not independently reviewed)Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)satisfied
Counted merits instance
applied / merits

basis: proved; claim: (a)(1); party: Vera; subject: party=Vera

No evidence he looked inside the boxes or of what was said; knowledge of contents inferred from presence at the final deal preparations, driving the buyer-supplied delivery van to the stash, 20 minutes in the shed, loading the boxes, and their leaking/torn condition. Distinguished from mere-presence and unwitting-courier cases (Littrell, Aguiar, Craig, Pruett).
loader-of-sealed-boxes-coordinated-with-delivery
Fiano saw appellant Vera together with Hassan, Adamo and Romero in the back room.
Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [3660:3741] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Vera then drove the van, which had been provided for the delivery of the drugs, to Posada’s house.
Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [19702:19800] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Approximately 20 minutes later, Vera and Posada emerged from the shed carrying a box measuring approximately three feet in width and one and a half feet in height which they loaded into the van.
Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [4919:5113] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

In addition, a white powdery substance was seeping out of one of the large boxes found in the van and some of the boxes in the van were “torn and broken.”
Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [22305:22459] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Rather, knowledge may be proved through inferences based upon surrounding circumstances.
Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [18953:19041] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Close association with a co-conspirator or mere presence at the scene of the crime is insufficient evidence of knowing participation in a conspiracy.
Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [16257:16406] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

A reasonable jury could have concluded beyond a reasonable doubt that the evidence established that Vera knowingly participated in the conspiracy and knowingly possessed and distributed the quaaludes.
Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [22637:22837] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

United States v. Vera — 701 F.2d 1349 (1983) · United States Court of Appeals for the Eleventh Circuit · 1983 — satisfied · proved (21usc841: author: Fable · not independently reviewed)Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)satisfied
Counted merits instance
applied / merits

basis: proved; claim: (a)(1); party: Posada; subject: party=Posada

owner-of-stash-premises-who-loaded-and-drove
Moreover, Posada owned the shed in which the boxes were stored.
Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [23429:23492] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

After the boxes were loaded into the van, Posada drove the van by himself to the shopping center where Hassan was waiting and left the van with Hassan.
Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [23493:23644] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Although there is no direct evidence of Posada’s knowledge, sufficient circumstantial evidence of his knowledge exists.
Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [23163:23282] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Posada’s ownership of the shed where the boxes containing the quaaludes were located and his exercise of dominion and control over the boxes while driving the van to the shopping center clearly supports an inference that he knowingly possessed the boxes containing quaaludes.
Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [23645:23920] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

United States v. Prieto-Tejas — 779 F.2d 1098 (1986) · United States Court of Appeals for the Fifth Circuit · 1986 — satisfied · conceded (21usc841: author: Fable · QA: PASS (QA1, neov2/qa/cases-v1-QA1.md))Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)satisfied
Counted merits instance
applied / merits

basis: conceded; claim: (a)(1); party: Prieto-Tejas; subject: party=Prieto-Tejas

admitted/defendant-admits-knowing-possession
A conviction for possession of a controlled substance in violation of 21 U.S.C. § 841(a)(1) requires proof of knowing possession with intent to distribute (or manufacture or dispense) the substance.
Source: docroot/ir/caselaw/f2d_779.jsonl#/f2d/779/1098-01; Unicode character offsets [5220:5418] (end exclusive); SHA-256 3f39a24d0e7fd74f68caa830c5b43b98bd09511d85522b3dfc3c1703468bc7f2.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Prieto-Tejas admitted knowing possession of all the cocaine found in his car, but claimed that it was for his personal consumption and that the evidence failed to establish his intent to distribute.
Source: docroot/ir/caselaw/f2d_779.jsonl#/f2d/779/1098-01; Unicode character offsets [5653:5851] (end exclusive); SHA-256 3f39a24d0e7fd74f68caa830c5b43b98bd09511d85522b3dfc3c1703468bc7f2.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

United States v. Griffin — 150 F.3d 778 (1998) · United States Court of Appeals for the Seventh Circuit · 1998 — satisfied · proved (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)satisfied
Counted merits instance
applied / merits

basis: proved; claim: (a)(1)

Knowledge inferred from extreme nervousness during the investigatory stop, contradictory explanations about vehicle use, leaving the scene without his driver's license, and the high value ($1.25M) of the cocaine. This is the only § 841 element actually contested on appeal.
nervousness-contradictory-statements-and-high-value
When Detective Bobko questioned Griffin he was nervous, had difficulty speaking, and was breathing rapidly.
Source: docroot/ir/caselaw/f3d_150.jsonl#/f3d/150/0778-01; Unicode character offsets [20707:20814] (end exclusive); SHA-256 c12bcba9bd82c213622c83568cb4d96b4026be74acb6bbc0a0083f4083d2318d.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

During Detective Bobko’s interrogation, Griffin explained that during the day someone had used his Yukon, yet he conveniently could not remember who had used his vehicle nor who the person was who had told him that someone else had driven the vehicle.
Source: docroot/ir/caselaw/f3d_150.jsonl#/f3d/150/0778-01; Unicode character offsets [20815:21066] (end exclusive); SHA-256 c12bcba9bd82c213622c83568cb4d96b4026be74acb6bbc0a0083f4083d2318d.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

After obtaining a search warrant, the officers entered his car and uncovered $1,250,000 worth of cocaine, a digital gram scale, and a gun in Griffin’s briefcase.
Source: docroot/ir/caselaw/f3d_150.jsonl#/f3d/150/0778-01; Unicode character offsets [21067:21228] (end exclusive); SHA-256 c12bcba9bd82c213622c83568cb4d96b4026be74acb6bbc0a0083f4083d2318d.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

The police officers were surveilling Boutique Chicago as they witnessed Griffin hand the key to his Yukon to the Hispanic male, who drove to a different area of Chicago, loaded a large, tan box in the cargo space of the vehicle, and returned to Boutique Chicago.
Source: docroot/ir/caselaw/f3d_150.jsonl#/f3d/150/0778-01; Unicode character offsets [15633:15895] (end exclusive); SHA-256 c12bcba9bd82c213622c83568cb4d96b4026be74acb6bbc0a0083f4083d2318d.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

However, the trier of fact is entitled to infer knowledge from circumstantial evidence.
Source: docroot/ir/caselaw/f3d_150.jsonl#/f3d/150/0778-01; Unicode character offsets [19325:19412] (end exclusive); SHA-256 c12bcba9bd82c213622c83568cb4d96b4026be74acb6bbc0a0083f4083d2318d.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

From the totality of the circumstances surrounding the arrest and Griffin’s extreme anxiety, the district court, as trier of fact, was entitled to infer that Griffin knew of the cocaine in his vehicle’s cargo space.
Source: docroot/ir/caselaw/f3d_150.jsonl#/f3d/150/0778-01; Unicode character offsets [21229:21444] (end exclusive); SHA-256 c12bcba9bd82c213622c83568cb4d96b4026be74acb6bbc0a0083f4083d2318d.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

United States v. Quintanar — 150 F.3d 902 (1998) · United States Court of Appeals for the Eighth Circuit · 1998 — not reached (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)not_reached
Excluded from merits counts
applied / merits

claim: (a)(1)

Addressed only as intent to gain future possession; not separately reached.
Unspecified routeNo source quotation recorded for this block.
United States v. Lazcano-Villalobos — 175 F.3d 838 (1999) · United States Court of Appeals for the Tenth Circuit · 1999 — satisfied · proved (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)satisfied
Counted merits instance
applied / merits

basis: proved; claim: (a)(1)

Shaking hands, air fresheners purchased same day to mask odor, immaculate dust-free condition of disassembled dash, and repeated border crossings supported knowledge.
masking-odor-border-crossings-nervousness
As he held the card, Agent Williams noticed Mr. Lazcano-Villalobos’ hand shaking.
Source: docroot/ir/caselaw/f3d_175.jsonl#/f3d/175/0838-01; Unicode character offsets [1025:1106] (end exclusive); SHA-256 705ae18823815868add1d2ac7b39bfffb0da1c0a7caf210a46cfee8dbcbe0001.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Returning to the driver’s side of the vehicle, Agent Williams detected a “strong odor of air freshener or something” coming from inside the car.
Source: docroot/ir/caselaw/f3d_175.jsonl#/f3d/175/0838-01; Unicode character offsets [1619:1763] (end exclusive); SHA-256 705ae18823815868add1d2ac7b39bfffb0da1c0a7caf210a46cfee8dbcbe0001.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

During disassembly, Agent Williams noticed the top and undersides of the glove compartment and dash contained no dust and looked immaculate.
Source: docroot/ir/caselaw/f3d_175.jsonl#/f3d/175/0838-01; Unicode character offsets [2170:2310] (end exclusive); SHA-256 705ae18823815868add1d2ac7b39bfffb0da1c0a7caf210a46cfee8dbcbe0001.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

The evidence, while mostly circumstantial and built in part on inferences, logically links Mr. Lazcano-Villalobos with knowledge of the cocaine.
Source: docroot/ir/caselaw/f3d_175.jsonl#/f3d/175/0838-01; Unicode character offsets [15914:16058] (end exclusive); SHA-256 705ae18823815868add1d2ac7b39bfffb0da1c0a7caf210a46cfee8dbcbe0001.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

United States v. Jenkins — 175 F.3d 1208 (1999) · United States Court of Appeals for the Tenth Circuit · 1999 — satisfied · proved (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)satisfied
Counted merits instance
applied / merits

basis: proved; claim: (a)(1); count: Possession with intent to distribute cocaine base; subject: count=Possession with intent to distribute cocaine base

On the cocaine-base count the defendant disputed only "knowing possession". The court resolved knowledge inside its constructive-possession (nexus) analysis; the deciding sentence is the held line of the possession block.
escorting-visitors-to-backyard-stash-and-regular-overnight-stays
However, the officer who observed the residence prior to obtaining and executing the search warrant testified at trial that on two occasions he saw people walking up to the house and then saw Defendant walk out the front door and towards the backyard with them.
Source: docroot/ir/caselaw/f3d_175.jsonl#/f3d/175/1208-01; Unicode character offsets [21120:21381] (end exclusive); SHA-256 be157a8f1cee3b5329a7d7b0bd0c99dcbde82f86a2379b654c059d9c5b407ed8.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Although Defendant may not have resided at Ms. Payne’s residence on a full-time basis, the record indicates that his girlfriend and daughter both lived there and that he stayed there three to four nights a week.
Source: docroot/ir/caselaw/f3d_175.jsonl#/f3d/175/1208-01; Unicode character offsets [19888:20099] (end exclusive); SHA-256 be157a8f1cee3b5329a7d7b0bd0c99dcbde82f86a2379b654c059d9c5b407ed8.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Because Defendant did not have actual possession of the cocaine base at the time of the search, we must determine whether he constructively possessed the drugs by virtue of his knowing ownership, dominion, or control over Ms. Payne’s residence and the drugs.
Source: docroot/ir/caselaw/f3d_175.jsonl#/f3d/175/1208-01; Unicode character offsets [19629:19887] (end exclusive); SHA-256 be157a8f1cee3b5329a7d7b0bd0c99dcbde82f86a2379b654c059d9c5b407ed8.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

United States v. Vincent — 20 F.3d 229 (1994) · United States Court of Appeals for the Sixth Circuit · 1994 — not reached (21usc841: author: Fable · not independently reviewed)Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)not_reached
Excluded from merits counts
applied / merits

claim: (a)(1),(b)(1)(D)

Unspecified routeNo source quotation recorded for this block.
United States v. Nordby — 225 F.3d 1053 (2000) · United States Court of Appeals for the Ninth Circuit · 2000 — not reached (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)not_reached
Excluded from merits counts
applied / merits

claim: (a)(1) & (b)(1)(A)(vii)

Not contested on appeal.
Unspecified routeNo source quotation recorded for this block.
United States v. Hishaw — 235 F.3d 565 (2000) · United States Court of Appeals for the Tenth Circuit · 2000 — not reached (21usc841: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed)Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)not_reached
Excluded from merits counts
applied / merits

claim: (a)(1),(b)(1)(A),(b)(1)(B)

Unspecified routeNo source quotation recorded for this block.
United States v. Strayhorn — 250 F.3d 462 (2001) · United States Court of Appeals for the Sixth Circuit · 2001 — not reached (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)not_reached
Excluded from merits counts
applied / merits

claim: (b)(1)(B),(b)(1)(D)

Unspecified routeNo source quotation recorded for this block.
United States v. Soler — 275 F.3d 146 (2002) · United States Court of Appeals for the First Circuit · 2002 — not reached (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)not_reached
Excluded from merits counts
applied / merits

claim: (a)(1) & (b)(1)(C)

Knowledge not contested on appeal.
Unspecified routeNo source quotation recorded for this block.
United States v. Kitchen — 57 F.3d 516 (1995) · United States Court of Appeals for the Seventh Circuit · 1995 — not reached (18usc922: author: Fable · not independently reviewed; 21usc841: author: Fable · historical QA: PASS (QA1, neov2/qa/cases-QA1.md) · changed after review; current content not independently reviewed)Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)not_reached
Excluded from merits counts
applied / merits

claim: (a)(1)

Not contested on appeal.
Unspecified routeNo source quotation recorded for this block.
United States v. Orozco — 700 F.3d 1176 (2012) · United States Court of Appeals for the Eighth Circuit · 2012 — satisfied · proved (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)satisfied
Counted merits instance
applied / merits

basis: proved; claim: (a)(1) & (b)(1)(A)(iii),(b)(1)(B)(ii)

Expert testimony that so much money and cocaine would not be entrusted to an unknowing occupant, plus flight during the search, supported the finding that the co-driver knew of the hidden contraband.
high-value-contraband-entrusted-to-driver-and-flight
At trial, an expert testified that it was extremely unlikely that such a large quantity of money and drugs would be placed in a vehicle without the occupant’s knowledge.
Source: docroot/ir/caselaw/f3d_700.jsonl#/f3d/700/1176-01; Unicode character offsets [6272:6441] (end exclusive); SHA-256 1ed81bd08c0093a17b515cc116baeade283f512a2591b1c8bd38b0e53e86d221.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

While the trooper was conducting the search, Orozco and the other driver fled on foot.
Source: docroot/ir/caselaw/f3d_700.jsonl#/f3d/700/1176-01; Unicode character offsets [2491:2577] (end exclusive); SHA-256 1ed81bd08c0093a17b515cc116baeade283f512a2591b1c8bd38b0e53e86d221.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Although Orozco presents what he characterizes as noninculpatory explanations for the log-book inconsistencies and his flight, the jury rejected his arguments, and we may not second-guess the jury’s determinations.
Source: docroot/ir/caselaw/f3d_700.jsonl#/f3d/700/1176-01; Unicode character offsets [7332:7546] (end exclusive); SHA-256 1ed81bd08c0093a17b515cc116baeade283f512a2591b1c8bd38b0e53e86d221.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

United States v. Teran-Salas — 767 F.3d 453 (2014) · United States Court of Appeals for the Fifth Circuit · 2014 — not reached (21usc841: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed)Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)not_reached
Excluded from merits counts
comparator / merits

claim: (a)(1)

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United States v. Solis — 915 F.3d 1172 (2019) · United States Court of Appeals for the Eighth Circuit · 2019 — satisfied · proved (21usc841: author: Flash2 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)satisfied
Counted merits instance
applied / merits

basis: proved; claim: (a)(1) & (b)(1)(A)

Circumstantial evidence established knowledge of the contraband concealed in the vehicle.
knew-boyfriend-purchased-drugs-stashed-in-her-vehicle
After Pedraza, Solis, and the children arrived in Dallas, DEA agents intercepted a phone conversation in which Solis asked Pedraza if he had "fix[ed] everything there."
Source: docroot/ir/caselaw/f3d_915.jsonl#/f3d/915/1172-01; Unicode character offsets [2307:2475] (end exclusive); SHA-256 6728c81148db0694782b8aad773a56b2cf5cfbdc284dbfb893aec52d848ffcf5.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

He found another $1,796 in rubber-banded cash in Solis's purse.
Source: docroot/ir/caselaw/f3d_915.jsonl#/f3d/915/1172-01; Unicode character offsets [3177:3240] (end exclusive); SHA-256 6728c81148db0694782b8aad773a56b2cf5cfbdc284dbfb893aec52d848ffcf5.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Here, unlike in Ramos, the evidence supported a finding that Solis: knew that Pedraza had purchased methamphetamine in Dallas; allowed Pedraza to store the drugs in her vehicle; knew that the drugs were stashed in her children's car seats; and had access to those car seats.
Source: docroot/ir/caselaw/f3d_915.jsonl#/f3d/915/1172-01; Unicode character offsets [6388:6662] (end exclusive); SHA-256 6728c81148db0694782b8aad773a56b2cf5cfbdc284dbfb893aec52d848ffcf5.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

United States v. Rashun Suncar — 142 F.4th 259 (2025) · Court of Appeals for the Fourth Circuit · 2025 — not reached (21usc841: author: Fable · not independently reviewed)Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)not_reached
Excluded from merits counts
comparator / merits

claim: (a)(1),(b)(1)(C)

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Chapman v. United States — 500 U.S. 453 (1991) · Supreme Court of the United States · 1991 — not reached (21usc841: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed)Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)not_reached
Excluded from merits counts
applied / merits

claim: (a),(b)(1)(B)(v)

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Moncrieffe v. Holder — 569 U.S. 184 (2013) · Supreme Court of the United States · 2013 — not reached (21usc841: author: Fable · historical QA: PASS (QA1, neov2/qa/cases-QA1.md) · changed after review; current content not independently reviewed)Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)not_reached
Excluded from merits counts
comparator / merits

claim: (a)(1),(b)(1)(D),(b)(4)

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Burrage v. United States — 571 U.S. 204 (2014) · Supreme Court of the United States · 2014 — not reached (21usc841: author: Fable · QA: PASS (QA1, neov2/qa/cases-v1-QA1.md))Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance)not_reached
Excluded from merits counts
applied / merits

claim: (a)(1),(b)(1)(C)

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Court interpretations

interpretation

A conviction for possession of a controlled substance in violation of 21 U.S.C. § 841(a)(1) requires proof of knowing possession with intent to distribute (or manufacture or dispense) the substance.

United States v. Prieto-Tejas — 779 F.2d 1098 (1986) · United States Court of Appeals for the Fifth Circuit · 1986 (21usc841: author: Fable · QA: PASS (QA1, neov2/qa/cases-v1-QA1.md))

A conviction for possession of a controlled substance in violation of 21 U.S.C. § 841(a)(1) requires proof of knowing possession with intent to distribute (or manufacture or dispense) the substance.
Source: docroot/ir/caselaw/f2d_779.jsonl#/f2d/779/1098-01; Unicode character offsets [5220:5418] (end exclusive); SHA-256 3f39a24d0e7fd74f68caa830c5b43b98bd09511d85522b3dfc3c1703468bc7f2.

Under McFadden v. United States (576 U.S. 186 (2015)), the government must prove the defendant knew he was dealing with "a controlled substance" (either by knowing the substance is listed on the federal schedules, or by knowing the physical identity/chemical makeup of the substance even if unaware it is scheduled).

interpretation

Rather, knowledge may be proved through inferences based upon surrounding circumstances.

United States v. Vera — 701 F.2d 1349 (1983) · United States Court of Appeals for the Eleventh Circuit · 1983 (21usc841: author: Fable · not independently reviewed)

Rather, knowledge may be proved through inferences based upon surrounding circumstances.
Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [18953:19041] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.

Under McFadden v. United States (576 U.S. 186 (2015)), the government must prove the defendant knew he was dealing with "a controlled substance" (either by knowing the substance is listed on the federal schedules, or by knowing the physical identity/chemical makeup of the substance even if unaware it is scheduled).

interpretation

Close association with a co-conspirator or mere presence at the scene of the crime is insufficient evidence of knowing participation in a conspiracy.

United States v. Vera — 701 F.2d 1349 (1983) · United States Court of Appeals for the Eleventh Circuit · 1983 (21usc841: author: Fable · not independently reviewed)

Close association with a co-conspirator or mere presence at the scene of the crime is insufficient evidence of knowing participation in a conspiracy.
Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [16257:16406] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.

Under McFadden v. United States (576 U.S. 186 (2015)), the government must prove the defendant knew he was dealing with "a controlled substance" (either by knowing the substance is listed on the federal schedules, or by knowing the physical identity/chemical makeup of the substance even if unaware it is scheduled).

not-required

Direct evidence of knowledge; circumstantial evidence (or deliberate ignorance / willful blindness where defendant took deliberate actions to avoid confirming a high probability of contraband) suffices (Vera; McFadden v. United States, 576 U.S. 186 (2015))

No source quotation recorded.