United States v. Salvador Barajas, Jr.

Case: 17-40988 Document: 00514387876 Page: 1 Date Filed: 03/15/2018

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 17-40988
Summary Calendar
United States Court of Appeals
Fifth Circuit

FILED
March 15, 2018
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee

SALVADOR BARAJAS, JR.,

Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:17-CR-112-1

Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
PER CURIAM: *
Salvador Barajas, Jr., appeals his guilty plea conviction and sentence for
possessing with intent to distribute 500 grams or more of a mixture containing
methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A)(viii). Barajas
argues that the factual basis for his guilty plea was inadequate because it did
not establish that he knew the type and quantity of the controlled substance
involved in his offense.

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-40988 Document: 00514387876 Page: 2 Date Filed: 03/15/2018

No. 17-40988

However, Barajas has filed an unopposed motion for summary
disposition correctly conceding that this issue is foreclosed by United States v.
Betancourt, 586 F.3d 303 (5th Cir. 2009), and explaining that he has raised the
issue only to preserve it for possible further review. Accordingly, because
summary disposition is appropriate, see Groendyke Transp., Inc. v. Davis, 406
F.2d 1158, 1162 (5th Cir. 1969), Barajas’s motion is GRANTED. The district
court’s judgment is AFFIRMED.