United States v. Gamez-Gonzalez
Court of Appeals for the Fifth Circuit
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
Jose Alberto Gamez-Gonzalez was convicted for possession of more than five kilograms of a controlled substance (cocaine), with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A). The principal issue at hand is whether the Government was required to prove Ga-mez’s mens rea regarding the type and quantity of the controlled substance. AFFIRMED.
I
In July 2001, at the Falfurrias Border Patrol checkpoint, a search of the truck driven by Gamez revealed approximately 123 kilograms of cocaine in a secret compartment. A jury convicted Gamez…
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