Case: 14-41411 Document: 00513241817 Page: 1 Date Filed: 10/22/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-41411
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
October 22, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
CESAR CUEVAS-MEDINA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:13-CR-238-1
Before HIGGINBOTHAM, DENNIS, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Cesar Cuevas-Medina 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 a 21 U.S.C. § 841 offense. Nor is knowledge of
drug type and quantity an element of an offense under 21 U.S.C. § 952(a) or 21
U.S.C. § 960(a). See United States v. Valencia-Gonzales, 172 F.3d 344, 345-46
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-41411 Document: 00513241817 Page: 2 Date Filed: 10/22/2015
No. 14-41411
(5th Cir. 1999); United States v. Restrepo-Granda, 575 F.2d 524, 527 (5th Cir.
1978). The unopposed motion for summary disposition is GRANTED, and the
judgment of the district court is AFFIRMED.
2