IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40471
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
JUAN ANTONIO LOPEZ
Defendant - Appellant
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-99-CR-457-1
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March 16, 2001
Before KING, Chief Judge, and JONES and STEWART, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Juan Antonio Lopez appeals his jury
conviction for importation of Freon. 18 U.S.C. § 545. Lopez
argues that the district court erred in giving the jury a
“deliberate ignorance” instruction. Having reviewed the record,
we find that there was insufficient evidence to support the
deliberate ignorance instruction. See United States v. Gray,
105 F.3d 956, 967 (5th Cir. 1997). However, the district court’s
error in giving the deliberate ignorance instruction was harmless
because the record contained substantial evidence of actual
*
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that this opinion should not be published and is not precedent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.
No. 00-40471
-2-
knowledge. United States v. Threadgill, 172 F.3d 357, 369 (5th
Cir.), cert. denied, 528 U.S. 871 (1999).
Lopez also argues that the district court abused its
discretion in refusing to give his requested jury instruction on
the mens rea required for violation of 18 U.S.C. § 545. Title 18
U.S.C. § 545 does not require that a defendant have knowledge of
the provisions of the specific law being violated. Because
Lopez’ requested instruction would have required the Government
to prove such knowledge, it was not a correct statement of the
law and the district court did not commit reversible error in
refusing to so instruct the jury. See Babb v. United States, 252
F.2d 702, 708 (5th Cir. 1958).
AFFIRMED.