United States v. Rodrigo Bernal-Estevez

Case: 13-40591 Document: 00512597428 Page: 1 Date Filed: 04/16/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-40591 Conference Calendar United States Court of Appeals Fifth Circuit FILED April 16, 2014 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. RODRIGO ANDRES BERNAL-ESTEVEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-1658-1 Before PRADO, ELROD, and HAYNES, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Rodrigo Andres Bernal- Estevez 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 under 21 U.S.C. § 841. Knowledge of drug type and quantity also is not an element of the offense under the related statutes of 21 U.S.C. § 952 and § 960. United States v. Restrepo-Granda, 575 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40591 Document: 00512597428 Page: 2 Date Filed: 04/16/2014 No. 13-40591 F.2d 524, 527 (5th Cir. 1978); see United States v. Valencia-Gonzales, 172 F.3d 344, 345-46 (5th Cir. 1999). The appellant’s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2