United States v. Eric Jorge-Mendoza , 528 F. App'x 403 ( 2013 )

Case: 12-40698 Document: 00512277178 Page: 1 Date Filed: 06/18/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 18, 2013
No. 12-40698
Conference Calendar 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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