Can a defendant plead not guilty on both charges of possession of methamphetamine and possession of an illegal substance?

MultiRegion, United States of America

The following excerpt is from U.S. v. Reyes-Alvarado, 963 F.2d 1184 (9th Cir. 1992):

Appellant challenges his plea on both counts on the grounds that the government does not have facts supporting his possession of methamphetamine. While there may not be an admission that he actually knew the methamphetamine was in the car, he did state that he knowingly possessed methamphetamine and that he knew he was going to the parking lot on February 27, 1990 to provide support and assistance to a drug sale. As this circuit has said, "Actual or positive knowledge is not necessary to support a conviction for possession of contraband if a defendant is aware of the high probability of possession and consciously disregards that possibility in an effort to remain ignorant." United States v. Savinovich, 845 F.2d 834, 838 (9th Cir.), cert. denied, 488 U.S. 943, 109 S.Ct. 369, 102 L.Ed.2d 359 (1988). The evidence certainly supports such an inference in this situation.

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