Question
Kenneth Gregory is confined in a federal prison. His sister, Lisa Lockhart, is on his approved visiting list. Before one of her visits, the prison
Kenneth Gregory is confined in a federal prison. His sister, Lisa Lockhart, is on his approved visiting list. Before one of her visits, the prison staff receives information that Lisa might attempt to bring her brother some sort of contraband. The introduction of contraband into a federal institution is a crime, as set forth in Title 18 U.S. Code, Section 1791.During the visit, officials observe Lisa spitting something into a cup and her brother taking the cup and swallowing its contents. After the visit, Gregory is placed in a dry cell (which contains no water, to prevent the flushing of any contraband). Eventually, he passes two balloons filled with drugs (cocaine and methamphetamine). Gregory and his sister are convicted for violation of 18 U.S.C. 1791.In appealing her conviction, Lisa argues "legal impossibility," that she cannot be guilty of the underlying offense because prison officials knew she was bringing in contraband, and allowed it to occur. As a result of their knowledge, she claims she committed no crime under Title 28, Code of Federal Regulations, Section 6.1, which states, "The introduction or attempt to introduce into or upon the grounds of any Federal penal or correctional institution or the taking or attempt to take or send therefrom anything whatsoever without the knowledge and consent of the warden...is prohibited." Did the appeals court agree? Explain why. This case is reported as U.S. v. Gregory, 315 F.3d 637 (6th Cir. 2003)
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