United States v. Nelly Cazares

Summary

The Fifth Circuit held that a defendant's guilty plea to possession with intent to distribute marijuana was supported by an adequate factual basis because the government is not required to prove the defendant's knowledge of the drug type and quantity as an element of a 21 U.S.C. § 841 offense. This argument is foreclosed by circuit precedent, which determined that *Flores-Figueroa v. United States* did not overrule *United States v. Gamez-Gonzalez*. The court granted summary disposition and affirmed the conviction.

Holdings

1. The government is not required to prove knowledge of the drug type and quantity as an element of a 21 U.S.C. § 841 drug trafficking offense.

Questions Presented

1. Whether the government is required to prove that a defendant knew the type and quantity of drugs involved in a 21 U.S.C. § 841 possession with intent to distribute offense.

Disposition

affirmed