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United States v. Poe-Morales
Citation: 46 F. App'x 502Docket: No. 01-50136; D.C. No. CR-00-02336-BTM
Court: Court of Appeals for the Ninth Circuit; September 17, 2002; Federal Appellate Court
Guillermo Poe-Morales appeals his conviction for importation of cocaine under 21 U.S.C. §§ 952 and 960. The court has jurisdiction under 28 U.S.C. § 1291 and reviews the sufficiency of the indictment de novo. The appeal is affirmed. Poe-Morales' argument for dismissal of the indictment based on the unconstitutionality of § 960 is rejected, referencing United States v. Mendoza-Paz, which established that the issue is foreclosed. Additionally, his claim that the indictment lacked allegations of mens rea regarding drug type and quantity is also dismissed, citing United States v. Carranza. The ruling is affirmed and noted as not suitable for publication or citation in other cases, as per Ninth Circuit Rule 36-3.