Regalado Cuellar v. United States - Oral Argument - February 25, 2008 Page 22

Regalado Cuellar v. United States

Media for Regalado Cuellar v. United States

Audio Transcription for Opinion Announcement - June 02, 2008 in Regalado Cuellar v. United States

Audio Transcription for Oral Argument - February 25, 2008 in Regalado Cuellar v. United States

Jerry V. Beard:

I'm not comfortable doing that.

Antonin Scalia:

He's carrying dirty money.

It even smells of drugs.

[Laughter]

Can't we get him as an accessory to drug dealing or something?

You say he has to walk?

Jerry V. Beard:

Well, Justice, I'm not uncomfortable with the notion of him walking, because I'm not uncomfortable with the notion you brought up earlier with that there may indeed be a gap.

If there is a gap, then there's a remedy for that.

But I think that if--

Ruth Bader Ginsburg:

The point... the point about aiding and abetting something, this money reeks of marijuana, and that was very puzzling to me.

Why this is the standard operating procedure to take this money and wrap it in containers that had contained the drug.

So when the police find it, they know it's drug money.

Jerry V. Beard:

--Justice, I know that the... initially the way this went down was the money that was in his pocket.

That's what triggered the... that's what they said smelled like raw marijuana.

And then eventually, they found the drug money.

And I can't tell you why they did it this way.

But I think that your question underscores they were concerned not with obfuscating any attributes, obviously, they were concerned with getting this money back to repay the person who had sent the drugs north under the government's theory.

John G. Roberts, Jr.:

Thank you, Mr. Beard.

The case is submitted.