The following excerpt is from U.S. v. Rodriguez, 983 F.2d 455 (2nd Cir. 1993):
In other cases, however, we have used a formulation that comes perilously close to a negligence standard. Thus, in United States v. Joyce, 542 F.2d 158 (2d Cir.1976), cert. denied, 429 U.S. 1100, 97 S.Ct. 1122, 51 L.Ed.2d 548 (1977), we said that the charge was proper "where defendants have denied wrongful knowledge in circumstances that should have apprised them of the unlawful nature of their conduct." Id. at 161 (emphasis added). The "should have apprised" formulation was then repeated in United States v. Mohabir, 624 F.2d 1140, 1154 (2d Cir.1980), and in United States v. Guzman, 754 F.2d 482, 489 (2d Cir.1985), cert. denied, 474 U.S. 1054, 106 S.Ct. 788, 88 L.Ed.2d 766 (1986).
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