The following excerpt is from U.S. v. Holler, 411 F.3d 1061 (9th Cir. 2005):
To knowingly and intentionally possess contraband with the intent to distribute is a specific intent offense. See 21 U.S.C. 841(a)(1). As we held in Arambula-Ruiz, defendant's prior conviction for possession of contraband with the intent to distribute is relevant to a material element of conspiracy to possess contraband with the intent to distribute and attempted possession of contraband with the intent to distribute, "because it tends to show knowledge." Arambula-Ruiz, 987 F.2d at 603; see United States v. Schmidt, 947 F.2d 362, 367 (9th Cir.1991) (knowledge of the objective of the conspiracy is an material element of any conspiracy conviction).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.