Case: 15-41063 Document: 00513471948 Page: 1 Date Filed: 04/20/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-41063
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
April 20, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
ALTAGRACIA GUADALUPE VARGAS,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:15-CR-4-1
Before REAVLEY, ELROD, and HAYNES, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Altagracia Guadalupe
Vargas raises an argument that 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. Accordingly, the
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.