Case: 09-40958 Document: 00511149388 Page: 1 Date Filed: 06/22/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 22, 2010
No. 09-40958
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSE LUIS CRUZ-VELEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:09-CR-221-1
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 Supreme Court decision in
Flores-Figueroa v. United States, 129 S. Ct. 1886 (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.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-40958 Document: 00511149388 Page: 2 Date Filed: 06/22/2010
No. 09-40958
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, 130 S. Ct. 1920
(2010). Accordingly, the judgment of the district court is AFFIRMED.
2