Case: 14-41025 Document: 00513013088 Page: 1 Date Filed: 04/21/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 14-41025 FILED
Conference Calendar April 21, 2015
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
VICTOR HUGO MADRIGAL-DAVILA
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:14-CR-73-1
Before REAVLEY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Victor Hugo Madrigal-Davila
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. Accordingly, Madrigal-Davila’s 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.