Filed: May 14, 2015
Latest Update: Mar. 02, 2020
Summary: 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 FILED Summary Calendar 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
Summary: 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 FILED Summary Calendar 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 E..
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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 FILED
Summary Calendar 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 fore-
closed 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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 Proce-
dure 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 instruc-
tion 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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