USA v. Felix Botello, Jr., No. 16-40913 (5th Cir. 2016)

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Case: 16-40913 Document: 00513804254 Page: 1 Date Filed: 12/20/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-40913 Conference Calendar United States Court of Appeals Fifth Circuit FILED December 20, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. FELIX BOTELLO, JR., Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:16-CR-23-1 Before DENNIS, PRADO, and OWEN, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Felix Botello, Jr., raises an argument that is foreclosed by United States v. Betancourt, 586 F.3d 303, 30809 (5th Cir. 2009), which held that knowledge of drug type and quantity is not an element of a 21 U.S.C. ยง 841 offense. Accordingly, the 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. *