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U.S. v. McClellan, No. 97-3370 (7th Cir.) (165 F.3d 535) (January 4, 1999) (Judge John L. Coffey)

Case held that even if he did not know he was trafficking marijuana, he was deliberately indifferent to his active paticipation in criminal wrongdoing, and thus the conscious avoidance or ostrich instruction given was proper.

In this case the defendant objected to the following "ostrich" instruction: "If a Defendant maintains ...

 

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