382 F. App'x 415

UNITED STATES of America, Plaintiff-Appellee v. Jose Luis CRUZ-VELEZ, Defendant-Appellant.

No. 09-40958

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

June 22, 2010.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, H. Michael Sokolow, Assistant Federal Public Defender, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.

Before JOLLY, STEWART, and OWEN, Circuit Judges.

PER CURIAM: *

Jose Luis Cruz-Velez appeals his jury conviction for possession with intent to distribute 154.24 kilograms of marijuana in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). He argues that, in light of the *416Supreme Court decision in Flores-Figueroa v. United States, — U.S. -, 129 S.Ct. 1886, 173 L.Ed.2d 858 (2009), the evidence was insufficient to support his conviction because the Government failed to prove beyond a reasonable doubt that he knew the specific type and quantity of controlled substance he possessed.

This issue is foreclosed by circuit precedent. See United States v. Gamez-Gonzalez, 319 F.3d 695, 699-700 (5th Cir.2003) (holding that knowledge of drug type or quantity is not an element of an offense under § 841). Moreover, this precedent has not been overruled by Flores-Figueroa. See United States v. Betancourt, 586 F.3d 303, 308-09 (5th Cir.2009), cert. denied, — U.S. -, 130 S.Ct. 1920, 176 L.Ed.2d 390 (2010). Accordingly, the judgment of the district court is AFFIRMED.

United States v. Cruz-Velez
382 F. App'x 415

Case Details

Name
United States v. Cruz-Velez
Decision Date
Jun 22, 2010
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382 F. App'x 415

Jurisdiction
United States

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