USA v. Jose Olivo, No. 11-40993 (5th Cir. 2012)

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Case: 11-40993 Document: 00511761486 Page: 1 Date Filed: 02/17/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-40993 Conference Calendar February 17, 2012 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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