United States v. Jorge Martinez

Fifth Circuit

United States v. Jorge Martinez

468 F. App'x 423

Court of Appeals for the Fifth Circuit·Decided June 19, 2012·No. 11-40954·Unpublished

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Jorge Antonio Martinez raises arguments that he concedes are foreclosed by United States v. Betancourt, 586 F.3d 303, 308-09 (5th Cir.2009), which reaffirmed the holding in United States v. Gamez-Gonzalez, 319 F.3d 695, 700 (5th Cir.2003), that knowledge of drug type and quantity is not an element of the offense under 21 U.S.C. § 841. The appellant’s 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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PER CURIAM: *

Appealing the judgment in a criminal case, Jorge Antonio Martinez raises arguments that he concedes are foreclosed by United States v. Betancourt, 586 F.3d 303, 308-09 (5th Cir.2009), which reaffirmed the holding in United States v. Gamez-Gonzalez, 319 F.3d 695, 700 (5th Cir.2003), that knowledge of drug type and quantity is not an element of the offense under 21 U.S.C. § 841. The appellant’s 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

United States v. Jorge Martinez, 468 F. App'x 423 (5th Cir. 2012).

Pincite

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Opinion

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