United States v. Victor Madrigal-Davila

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.