USA v. Jesus Olivares, No. 15-41636 (5th Cir. 2016)

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Case: 15-41636 Document: 00513557496 Page: 1 Date Filed: 06/21/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-41636 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 21, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. JESUS ALBERTO OLIVARES, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:15-CR-169-1 Before JONES, CLEMENT, and OWEN, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Jesus Alberto Olivares raises an argument that 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 a 21 U.S.C. § 841 offense. Nor is knowledge of drug type and quantity an element of an offense under either 21 U.S.C. § 952(a) or 21 U.S.C. 960(a). See United States v. Valencia-Gonzales, 172 F.3d 344, 345-46 (5th Cir. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-41636 Document: 00513557496 Page: 2 Date Filed: 06/21/2016 No. 15-41636 1999); United States v. Restrepo-Granda, 575 F.2d 524, 527 (5th Cir. 1978). Accordingly, the motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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