The following excerpt is from Evans v. Lewis, 855 F.2d 631 (9th Cir. 1988):
Evans claims that this instruction shifted to him the burden of disproving intent in violation of Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979).
A Sandstrom error arises when "a jury instruction ... creates a mandatory presumption, either conclusive or rebuttable, which shifts from the prosecution the burden of proving beyond a reasonable doubt an essential element of a criminal offense." United States v. Washington, 819 F.2d 221, 225 (9th Cir.1987). In contrast, an instruction that merely establishes a "permissive inference as to an essential element" is valid "unless 'the suggested conclusion is not one that reason and common sense justify in light of the proven facts before the jury.' " Id. (quoting Francis v. Franklin, 471 U.S. 307, 314-15, 105 S.Ct. 1965, 1971, 85 L.Ed.2d 344 (1985)).
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