In United States v. Benjamin, No. 18-13091 (May 8,
2020) (Marcus, Ed Carnes, Luck), the Court affirmed the defendant’s convictions for distributing fentanyl.
First, the Court found sufficient evidence that the fentanyl
was the but-for cause of the victim’s death, triggering the sentencing
enhancement in 841(b).
Second, the defendant argued that the DEA did not
criminalize furanyl fentanyl until after he was charged, depriving the court of
jurisdiction. The Eleventh Circuit
concluded that his claim was not actually a jurisdictional challenge, but
rather a challenge to the sufficiency of the evidence. And the Court rejected that argument because he distributed a controlled substance
analogue.
Third, the defendant argued, for the first time on appeal,
that the district court erred by failing to instruct the jury that he had to
know that furanyl fentanyl was a controlled substance analogue. The Court rejected that argument, because the
district court instructed the jury on both knowing and willful
distribution. And the jury could find
scienter by finding that the defendant knew the identity of the substance he
possessed, even if he did not know it was a controlled substance analogue.
Fourth, the Court found that the defendant gave voluntary
consent for officers to search his luggage at the airport. There was no coercion, and the defendant
understood his right to refuse. Although
an officer falsely suggested that TSA had found ammunition in his luggage, that
ruse did not vitiate the consent because it was limited and came after the
consent was given.
Fifth, the Court found no abuse of discretion when the
district court declined to investigate juror misconduct. After the jury returned its verdict, a clerk
discovered a list of “30 Dos and Don’ts of Jury Deliberations” in the jury room. However, there was no evidence that the jury
considered extraneous information. The
list was not inherently prejudicial, it did pertain to this particular case, and
it was not more likely to lead to a conviction.
