United States v. Fernando de la Garza-Garza

620 F. App'x 333

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Fernando De La Garza-Garza raises an argument that 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 either 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 motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.