United States v. Espinoza

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-20474
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESSIE AGUILAR ESPINOZA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-832-1
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February 20, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Jessie Aguilar Espinoza appeals from a guilty-plea
conviction for one count of mailing threatening communications in
violation of 18 U.S.C. § 876. Espinoza argues that specific
intent is an element of an offense under 18 U.S.C. § 876 that
must be alleged in the indictment. Espinoza concedes that his
argument is foreclosed by this circuit’s law but seeks to
preserve the issue for Supreme Court review. In United States
v. DeShazo, 565 F.2d 893, 894-95 (5th Cir. 1978), this court held

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No. 02-20474
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that an offense pursuant to 18 U.S.C. § 876 was a general intent
crime. Accordingly, Espinoza’s argument is foreclosed. The
judgment is AFFIRMED.

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