United States v. Cesar Cuevas-Medina

619 F. App'x 433

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 22, 2015
• Docket: 14-41411
• Status: Unpublished

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Cesar Cuevas-Medina raises an argument that he concedes is foreclosed 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 a 21 U.S.C. § 841 offense. Nor is knowledge of drug type and quantity an element of an offense under 21 U.S.C. § 952(a) or 21 U.S.C. § 960(a). See United States v. Valencia-Gonzales, 172 F.3d 344, 345-46 (5th Cir.1999); United States v. Restrepo-Granda, 575 F.2d 524, 527 (5th Cir.1978). The unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

* Pursuant to 5th Cm. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.