United States v. Alberto Cardenas

Case: 11-40612 Document: 00511640071 Page: 1 Date Filed: 10/21/2011 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED October 21, 2011 No. 11-40612 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ALBERTO CARDENAS, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:10-CR-878-1 Before BENAVIDES, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Alberto Cardenas presents arguments that he concedes are foreclosed by United States v. Betancourt, 586 F.3d 303, 308-09 (5th Cir. 2009), which reaffirmed that knowledge of drug type and quantity is not an element of the offense under 21 U.S.C. § 841. The appellant’s 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.