United States v. Deitron Davis, 2012 U.S. App. LEXIS 18035

Criminal shipment of marijuana found in damaged Forward Air crates; shipment originated in Phoenix and was billed to Robert Francis; crates later delivered to JFK for controlled delivery.
Davis’s associates aided in arranging pickup; Davis recruited Hyman and Sherelle, switch cars, and directed retrieval of crates.
Davis traveled from New York to Phoenix a month before attempting pickup, suggesting involvement in arranging shipment.
Davis was arrested after fleeing and resisting officers; no evidence Davis threatened officers.
Jury convicted Davis of conspiracy to distribute marijuana, possession with intent to distribute, and misdemeanor resisting arrest; district court sentenced Davis to 60 months.
Appellate issues: sufficiency of evidence for narcotics knowledge; sufficiency of evidence for resisting arrest; Court affirms narcotics convictions and vacates/remands on resisting arrest.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Knowledge of drug contents	Davis lacked evidence of knowing cargo was narcotics	No proof Davis knew shipment contained drugs	Narcotics convictions affirmed
Resisting arrest sufficiency	Evidence showed Davis resisted arrest	Only passive resistance; no simple assault	Conviction for resisting arrest vacated; remanded to dismiss count

United States v. Torres, 604 F.3d 58 (2d Cir. 2010) (knowledge that substances were controlled subject to inference)
United States v. Ogando, 547 F.3d 102 (2d Cir. 2008) (reversals when defendant’s role is subordinate to main conspirators)
United States v. Lorenzo, 534 F.3d 153 (2d Cir. 2008) (inference of criminal knowledge from association; not dispositive)
United States v. Rodriguez, 392 F.3d 539 (2d Cir. 2004) (lookout role insufficient to prove knowledge of narcotics)
United States v. Friedman, 300 F.3d 111 (2d Cir. 2002) (furnishing guns does not prove knowledge of narcotics contents)