Friday, May 21, 2010

10th Circuit Upholds Drug Charges; Alleged Religious Beliefs Found Insincere

In United States v. Quaintance, (10th Cir., May 19, 2010), the U.S. 10th Circuit Court of Appeals upheld an Arizona federal district court's refusal to dismiss the indictments of Danuel and Mary Quaintance for conspiracy and possession with intent to distribute marijuana. (See prior posting.) The appellate court rejected the Quaintance's RFRA defense, agreeing with the district court that the defendants' religious beliefs were not sincere. The Court of Appeals held that because this finding stands, it need not address the trial court's alternative holding that defendants' beliefs were not "religious" beliefs.