USA v. Oscar Bernal-Elizondo, No. 12-41204 (5th Cir. 2013)

Annotate this Case

Download PDF

Case: 12-41204 Document: 00512277254 Page: 1 Date Filed: 06/18/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-41204 Conference Calendar June 18, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. OSCAR MARIO BERNAL-ELIZONDO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-791-1 Before JONES, OWEN, and GRAVES, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Oscar Mario Bernal-Elizondo raises an argument that he concedes is foreclosed by United States v. Betancourt, 586 F.3d 303, 308-09 (5th Cir. 2009), which held 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.