USA v. Carlos Mercado


UNPUBLISHED OPINION FILED.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]

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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2

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