USA v. Jose Zuniga-Martinez

Filing

UNPUBLISHED OPINION FILED. [12-40832 Affirmed] Judge: EHJ , Judge: JLD , Judge: CH. Mandate pull date is 03/11/2013 for Appellant Jose Roberto Zuniga-Martinez; granting motion for summary affirmance filed by Appellant Mr. Jose Roberto Zuniga-Martinez [7238095-2] [12-40832]

Case: 12-40832

Document: 00512145974

Page: 1

Date Filed: 02/18/2013

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit

FILED
No. 12-40832
Summary Calendar

February 18, 2013
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSE ROBERTO ZUNIGA-MARTINEZ,
Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:12-CR-201-1

Before JONES, DENNIS, and HAYNES, Circuit Judges.
PER CURIAM:*
Jose Roberto Zuniga-Martinez pleaded guilty to Count Two of a four-count
indictment, a charge of importing into the United States five kilograms or more
of cocaine in violation of 21 U.S.C. §§ 952(a), 960(a)(1), and 960(b)(1)(B). He was
sentenced within the guidelines sentencing range to 125 months of
imprisonment. Represented by the Federal Public Defender, Zuniga-Martinez
raises an argument, in order to preserve the issue for further review, that he
correctly concedes is foreclosed by circuit precedent.
*

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Case: 12-40832

Document: 00512145974

Page: 2

Date Filed: 02/18/2013

No. 12-40832
Knowledge of drug type and quantity is not an element of an offense under
21 U.S.C. § 841, see United States v. Betancourt, 586 F.3d 303 (5th Cir. 2009),
nor is such knowledge an element of an offense under the related statutes of
§ 952(a) and § 960(a). United States v. Restrepo-Granda, 575 F.2d 524, 527 (5th
Cir. 1978); see United States v. Valencia-Gonzales, 172 F.3d 344, 345-46 (5th Cir.
1999). Accordingly, the Government was not required to prove that ZunigaMartinez knew the type or quantity of drugs involved. See United States v.
Puente-Vasquez, 34 F. App’x 962, 962 (5th Cir. 2002) (§§ 841(a)(1), 952(a),
960(a)(1)).
The Appellant’s motion for summary disposition is GRANTED, and the
judgment of the district court is AFFIRMED.

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