Case: 15-41636 Document: 00513557496 Page: 1 Date Filed: 06/21/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-41636
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
June 21, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
JESUS ALBERTO OLIVARES,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:15-CR-169-1
Before JONES, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Jesus Alberto Olivares 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. Nor is knowledge of drug type and
quantity an element of an offense under either 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 (5th Cir.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-41636 Document: 00513557496 Page: 2 Date Filed: 06/21/2016
No. 15-41636
1999); United States v. Restrepo-Granda, 575 F.2d 524, 527 (5th Cir. 1978).
Accordingly, the motion for summary disposition is GRANTED, and the
judgment of the district court is AFFIRMED.
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