Fill and Sign the Title 21 United States Code Usc Controlled Substances Act Form

78 Controlled Substances 21 USC § 952(a) Title 21, United States Code, Section 952(a), makes it a Federal crime or offense for anyone to knowingly import any controlled substance into the United States. is a controlled substance within the meaning of the law . The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the Defendant imported into the United States from a place outside thereof, as charged; and Second: That the Defendant did so knowingly and willfully. To " import " a substance means to bring or transport that substance into the United States from some place outside the United States. ANNOTATIONS AND COMMENTS 21 USC § 952(a) provides: It shall be unlawful t o import into . . . the United States from any place out side thereof , any controlled substance . . . . Maximum Penalty: Varies depending upon nature of substance involved. See 21 USC § 960. Belief that the Defendant is importing a controlled substance satisfies know ledge element even if Defendant believes the substance being imported is a different controlled substance. U. S. v . Rodriguez-Suarez, 85 6 F.2d 135, 14 0 (11th Cir. 1988); U. S. v. Restrepo-Granda, 5 75 F.2d 5 24 , 5 27 -29 (5t h Cir. 1 97 8). Importation is a continuing crime and is not complete until the controlled substance reaches its final destination. U. S. v. Camargo-Vergaga, 57 F.3d 993 (11th Cir. 1995). The evidence may warrant a deliberate indifference instruction. U. S. v. Arias, 984 F.2d 11 39 (11th Cir. 1 993). See Special Instruct ion 8.