United States v. Miguel Saucillo

Case: 11-40733 Document: 00511699072 Page: 1 Date Filed: 12/19/2011 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED December 19, 2011 No. 11-40733 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MIGUEL SAUCILLO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:11-CR-73-1 Before KING, HAYNES, and GRAVES, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Miguel Saucillo 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.