USA v. Edgar Rodriguez-Balvaneda, No. 13-40546 (5th Cir. 2014)

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Case: 13-40546 Document: 00512666173 Page: 1 Date Filed: 06/17/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-40546 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 17, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. EDGAR RODRIGUEZ-BALVANEDA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:12-CR-1025-1 Before KING, HAYNES, and HIGGINSON, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Edgar Rodriguez-Balvaneda 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. Accordingly, Rodriguez-Balvaneda s unopposed 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. *

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