United States v. Jacquez

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-50508 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MARK ANTHONY JACQUEZ,

Defendant-Appellant.

-------------------- Appeals from the United States District Court for the Western District of Texas USDC No. P-00-CR-368-1 -------------------- March 28, 2002

Before DUHÉ, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:1

Mark Anthony Jacquez (Jacquez) was convicted for aiding and

abetting the possession with intent to distribute five or more

kilograms of cocaine. 21 U.S.C. § 841(a)(1). For the first time

on appeal, Jacquez argues that the Supreme Court’s holding in

Apprendi v. New Jersey2 requires that the Government prove beyond

a reasonable doubt that Jacquez knew the precise type and

quantity of drugs he possessed. Jacquez’s argument is reviewed

under a plain error standard. See FED. R. CRIM. P. 52(b).

1 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2 530 U.S. 466 (2000). Jacquez makes no persuasive argument that Apprendi has

altered the scienter requirement of 21 U.S.C. § 841(a)(1). See

United States v. Valencia-Gonzalez, 172 F.3d 344, 345-46 (5th

Cir. 1999); United States v. Carrera, 259 F.3d 818, 830 (7th Cir.

2001). Accordingly, he has failed to establish plain error.

AFFIRMED.