Case: 14-40428 Document: 00512871334 Page: 1 Date Filed: 12/16/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-40428
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 16, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
ARNOLDO HERNANDEZ-GUTIERREZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:13-CR-1214-1
Before KING, DENNIS, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Arnoldo Hernandez-
Gutierrez 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 the offense 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
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-40428 Document: 00512871334 Page: 2 Date Filed: 12/16/2014
No 14-40428
v. Restrepo-Granda, 575 F.2d 524, 527 (5th Cir. 1978); see United States v.
Valencia-Gonzales, 172 F.3d 344, 345-46 (5th Cir. 1999). The unopposed
motion for summary disposition is GRANTED, and the judgment of the district
court is AFFIRMED.
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