LAW.coLAW.co

UNITED STATES of America, Plaintiff-Appellee, v. Valentin TREJO-DOMINGUEZ, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit2013-05-22No. No. 13-40009
544 F. App'x 434

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER CURIAM:

Valentin Trejo-Dominguez pleaded guilty to Count Two of a four-count indictment, a charge of importing into the United States 500 grams or more of methamphetamine in violation of 21 U.S.C. §§ 952(a), 960(a)(1), and 960(b)(1)(H). He was sentenced within the guidelines range to 168 months of imprisonment. Represented by the Federal Public Defender, Trejo-Dominguez raises an argument that he correctly concedes is foreclosed by circuit precedent in order to preserve the issue for further review.

Knowledge of drug type and quantity is not an element of an offense under 21 U.S.C. § 841, see United States v. Betancourt, 586 F.3d 303, 308-09 (5th Cir.2009), nor is such knowledge an element of an offense. under the related statutes of § 952(a) and § 960(a). United States v. Restrepo-Granda, 575 F.2d 524, 527 (5th Cir.1978); see United States v. Valencia-Gonzales, 172 F.3d 344, 345-46 (5th Cir.1999). Accordingly, the Government was not required to prove that Trejo-Domin-guez knew the type or quantity of drugs involved. See United States v. Puente-Vasquez, 34 Fed.Appx. 962, 962 (5th Cir.2002) (per curiam) (§§ 841(a)(1), 952(a), 960(a)(1)).

The appellant’s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.