United States v Washington

Washington appealed his conviction for possession of drugs with intent to distribute arguing insufficient evidence. The panel agreed, reversed and remanded with instructions to dismiss the indictment. The panel held that the government failed to prove Washington had any knowledge of the drugs in the car as he could not see into the containers, there was no evidence he knew the passenger lied about why he was going to the trip, no evidence as to whether the marijuana smell was fresh or burnt, no evidence aluminum foil in the car could be used for anything beyond personal use of drugs and there was no evidence as to how long Washington and the passenger were staying on their trip. Thus, there was no nexus to the drugs and the conviction must be reversed and the indictment dismissed.