U.S. v. GOMEZ

No. 89-8686.

905 F.2d 1513 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Alberto GOMEZ, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 13, 1990.


Attorney(s) appearing for the Case

Suzanne Hashimi, Federal Defender Program, Inc., Atlanta, Ga., for defendant-appellant.

Carolyn J. Adams, Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before ANDERSON, Circuit Judge, MORGAN and RONEY, Senior Circuit Judges.


RONEY, Senior Circuit Judge:

A defendant can be convicted of a controlled substance offense without proof that he knew the exact drug that was involved. This sentencing case raises the question of whether a mandatory minimum sentence for cocaine can be imposed without proof that the defendant knew the drug involved was cocaine. We hold that it can, and affirm the district court's imposition of a mandatory minimum sentence for cocaine possession in a case where there...

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