Schmidt

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 31 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-334 D.C. No. Plaintiff - Appellee, 5:22-cr-00174-SB-1 v.

MEMORANDUM*

ERIC SCHMIDT,

Defendant - Appellant.

Appeal from the United States District Court for the Central District of California Stanley Blumenfeld, Jr., District Judge, Presiding

Argued and Submitted July 19, 2024 Pasadena, California

Before: WARDLAW, PAEZ, and SANCHEZ, Circuit Judges.

Eric Schmidt appeals his conviction and sentence for one count of

possession with intent to distribute at least 400 grams of a mixture and substance

containing a detectable amount of fentanyl in violation of 21 U.S.C. § 841(a)(1),

(b)(1)(A)(vi). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. §

3742(a), and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. 1. The district court did not err by failing to instruct the jury that it must

find that Schmidt knew the drugs in the…