USA v. Juan Alvarez-Alvarez, No. 14-40858 (5th Cir. 2015)
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Case: 14-40858 Document: 00512947100 Page: 1 Date Filed: 02/24/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 14-40858 Conference Calendar FILED February 24, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JUAN MIGUEL ALVAREZ-ALVAREZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:13-CR-1175-1 Before DAVIS, ELROD, and COSTA, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Juan Miguel Alvarez-Alvarez 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. Knowledge of drug type and quantity also is not an element of the offense under the related statutes of 21 U.S.C. § 952 and § 960. United States 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-40858 Document: 00512947100 Page: 2 Date Filed: 02/24/2015 No. 14-40858 v. Restrepo-Granda, 575 F.2d 524, 527 (5th Cir. 1978); see United States v. Valencia-Gonzales, 172 F.3d 344, 345-46 (5th Cir. 1999). The unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2
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