USA v. Carlos Mercado

Filing

UNPUBLISHED OPINION FILED. [14-40634 Affirmed and Remanded ] Judge: JES , Judge: JLW , Judge: JWE Mandate pull date is 06/04/2015 for Appellant Carlos Mercado; granting motion for summary affirmance filed by Appellee USA [7844124-2]; denying as unnecessary motion to extend time to file appellee's brief filed by Appellee USA [7844124-3] [14-40634]

Case: 14-40634

Document: 00513043235

Page: 1

Date Filed: 05/14/2015

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

No. 14-40634
Summary Calendar

FILED
May 14, 2015
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff–Appellee,
versus
CARLOS MERCADO, True Name Carlos Alonso Mercado Robles,
Defendant–Appellant.

Appeals from the United States District Court
for the Southern District of Texas
USDC No. 5:13-CR-747

Before SMITH, WIENER, and ELROD, Circuit Judges.
PER CURIAM: *
Carlos Mercado raises an argument on appeal that he concedes is foreclosed by United States v. Betancourt, 586 F.3d 303, 308–09 (5th Cir. 2009),
which held that knowledge of drug type and quantity is not an element of the
offense under 21 U.S.C. § 841. Mercado also requests a remand for the limited

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-40634

Document: 00513043235

Page: 2

Date Filed: 05/14/2015

No. 14-40634
purpose of correcting the judgment under Federal Rule of Criminal Procedure 36 to reflect that he was acquitted on count one. The government joins in
requesting remand.
Accordingly, the government’s motion for summary affirmance is
GRANTED, and the judgment is AFFIRMED and REMANDED with instruction to correct the judgment pursuant to Rule 36 to reflect that Mercado was
found not guilty on count one. The government’s motion for an extension of
time to file its brief is DENIED as unnecessary.

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