Fill and Sign the United States of America Plaintiff Appellee V Robert P Form

8 Deliberate Ignorance (As Proof of Knowledge) When knowledge of the existence of a particular fact is an essential part of an offense, such knowledge may be established if the Defendant is aware of a high probability of its existence, unless the Defendant actually believes that it does not exist. So, with respect to the issue of the Defendant's knowledge in this case, if you find from all the evidence beyond a reasonable doubt that the Defendant believed that [he] [she] possessed, a controlled substance, and deliberately and consciously tried to avoid learning that there was in the package so possessed in order to be able to say, if apprehended, that [he] [she] did not know the contents of the package, you may treat such deliberate avoidance of positive knowledge as the equivalent of knowledge. In other words, you may find that a Defendant acted "knowingly" if you find beyond a reasonable doubt either: (1) that the Defendant actually knew that [he] [she] possessed; or (2) that [he] [she] deliberately closed [ his] [her] eyes to what [he] [she] had every reason to believe was the fact. I must emphasize, however, that the requisite proof of knowledge on the part of the Defendant cannot be established by merely demonstrating that the Defendant was negligent, careless or foolish. ANNOTATIONS AND COMMENTS United States v. Stone, 9 F.3d 934, 937 (11th Cir. 1993), cert. denied, 115 S.Ct . 111, 130 L.Ed.2d 58 (199 4), " deliberate ignorance" inst ruction appropriate only when evidence in the record shows that the Defendant purposely contrived to avoid learning the truth. United States v. A leman, 728 F.2d 492, 494 (11t h Cir. 198 4), t his instruction should only be given if there are facts that suggest the Defendant consciously avoided knowledge, not when the Defendant has actual knowledge; see also United States v. Rivera, 944 F.2d 1563, 1570-72 (11th Cir. 1 991) (describing circumstances in which deliberate ignorance instruction is appropriate). See also Basic Instruction 9.1.