USA v. Eric Jorge-Mendoza, No. 12-40698 (5th Cir. 2013)

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Case: 12-40698 Document: 00512277178 Page: 1 Date Filed: 06/18/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-40698 Conference Calendar June 18, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ERIC SALOMON JORGE-MENDOZA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:11-CR-1696-1 Before JONES, OWEN, and GRAVES, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Eric Salomon Jorge-Mendoza raises an argument that he concedes is foreclosed by United States v. Betancourt, 586 F.3d 303, 308-09 (5th Cir. 2009), which held that knowledge of drug type and quantity is not an element of an offense under 21 U.S.C. § 841. Knowledge of drug type and quantity also is not an element of the offense under the related statutes of 21 U.S.C. § 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 12-40698 Document: 00512277178 Page: 2 Date Filed: 06/18/2013 No. 12-40698 F.3d 344, 345-46 (5th Cir. 1999). The appellant s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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