United States v. Oscar Delgadillo

607 F. App'x 410

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 16, 2015
• Docket: 14-41197
• Status: Unpublished

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Oscar Delgadillo 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. Knowledge of drug type and quantity likewise is not an element of offenses under the related statutes of 21 U.S.C. § 952(a) and § 960(a). 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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.