Case: 11-40803 Document: 00512085919 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. 11-40803
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RUBEN ZAMORA-NUNEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:11-CR-81-1
Before DAVIS, OWEN, and HIGGINSON, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a Criminal Case, Ruben Zamora-Nunez 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. 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.