Case: 11-40993 Document: 00511761486 Page: 1 Date Filed: 02/17/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 17, 2012
No. 11-40993
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSE LEONARDO OLIVO, also known as Rogaceano Coronado-Delgadillo, also
known as Javier Perez,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:10-CR-254-5
Before HIGGINBOTHAM, GARZA, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Jose Leonardo Olivo raises
arguments that he concedes are foreclosed by United States v. Betancourt, 586
F.3d 303, 308-09 (5th Cir. 2009), which reaffirmed the holding in United States
v. Gamez-Gonzalez, 319 F.3d 695, 700 (5th Cir. 2003), that knowledge of drug
type and quantity is not an element of the offense under 21 U.S.C. § 841. The
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-40993 Document: 00511761486 Page: 2 Date Filed: 02/17/2012
No. 11-40993
appellant’s unopposed motion for summary disposition is GRANTED, and the
judgment of the district court is AFFIRMED.
2