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U.S. v. GAMEZ-GONZALEZ

No. 02-40297.

319 F.3d 695 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Alberto GAMEZ-GONZALEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 27, 2003.

Attorney(s) appearing for the Case

Mitchel Neurock (argued), Laredo, TX, Paula Camille Offenhauser and James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Def., Timothy William Crooks, Asst. Fed. Pub. Def. (argued), Houston, TX, for Defendant-Appellant.

Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

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 Gamez's mens rea regarding the type and quantity of the controlled substance. AFFIRMED.

I.

In July 2001, at the Falfurrias...

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