United States v. Octavio Lopez-Rodriguez

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 21, 2017
• Docket: 16-40917
• Status: Unpublished

Opinion

Case: 16-40917 Document: 00513882933 Page: 1 Date Filed: 02/21/2017

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16-40917 Conference Calendar United States Court of Appeals Fifth Circuit

FILED February 21, 2017 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee

v.

OCTAVIO LOPEZ-RODRIGUEZ,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:15-CR-1204-1

Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Octavio Lopez-Rodriguez 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,

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 16-40917 Document: 00513882933 Page: 2 Date Filed: 02/21/2017

No. 16-40917

345-46 (5th Cir. 1999); United States v. Restrepo-Granda, 575 F.2d 524, 527 (5th Cir. 1978). Accordingly, the motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.