Case: 12-40240 Document: 00512021460 Page: 1 Date Filed: 10/16/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 16, 2012
No. 12-40240
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
CRISTOBAL LEAL-PENA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:11-CR-1378-1
Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Cristobal Leal-Pena raises an
argument that is 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. Leal-Pena
acknowledges that the argument is foreclosed but moves for summary
disposition so that he can raise the issue in a petition for writ of certiorari. 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40240 Document: 00512021460 Page: 2 Date Filed: 10/16/2012
No. 12-40240
motion for summary disposition is GRANTED, and the judgment of the district
court is AFFIRMED.
2