Case: 12-40276 Document: 00512086132 Page: 1 Date Filed: 12/17/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 17, 2012
No. 12-40276
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
HECTOR ISMAEL SANCHEZ-GARCIA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:11-CR-1003-1
Before DAVIS, OWEN, and HIGGINSON, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Hector Ismael Sanchez-Garcia
raises an argument that he concedes 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.
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.