United States v. Eusebio Vela

Case: 10-40756 Document: 00511515425 Page: 1 Date Filed: 06/21/2011 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED June 21, 2011 No. 10-40756 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. EUSEBIO VELA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:09-CR-949-1 Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Eusebio Vela presents arguments that he concedes are foreclosed by United States v. Betancourt, 586 F.3d 303, 308-09 (5th Cir. 2009), cert. denied, 130 S. Ct. 1920 (2010), 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.