United States v. Jacquez

1 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that this opinion should not be published and is not precedent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.
2 530 U.S. 466 (2000).
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-50508
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARK ANTHONY JACQUEZ,
Defendant-Appellant.
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Appeals from the United States District Court
for the Western District of Texas
USDC No. P-00-CR-368-1
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March 28, 2002
Before DUHÉ, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:1
Mark Anthony Jacquez (Jacquez) was convicted for aiding and
abetting the possession with intent to distribute five or more
kilograms of cocaine. 21 U.S.C. § 841(a)(1). For the first time
on appeal, Jacquez argues that the Supreme Court’s holding in
Apprendi v. New Jersey2 requires that the Government prove beyond
a reasonable doubt that Jacquez knew the precise type and
quantity of drugs he possessed. Jacquez’s argument is reviewed
under a plain error standard. See FED. R. CRIM. P. 52(b).

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Jacquez makes no persuasive argument that Apprendi has
altered the scienter requirement of 21 U.S.C. § 841(a)(1). See
United States v. Valencia-Gonzalez, 172 F.3d 344, 345-46 (5th
Cir. 1999); United States v. Carrera, 259 F.3d 818, 830 (7th Cir.
2001). Accordingly, he has failed to establish plain error.
AFFIRMED.

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