United States v. Marco Retta-Reyes ( 2015 )

Case: 14-41337 Document: 00513080036 Page: 1 Date Filed: 06/16/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-41337
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
June 16, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
MARCO CESAR RETTA-REYES,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:14-CR-416-1
Before DAVIS, JONES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Marco Cesar Retta-Reyes
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 a 21 U.S.C. § 841 offense.
Knowledge of drug type and quantity likewise is not an element of offenses
under the related statutes of 21 U.S.C. § 952(a) and § 960(a). See 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-41337 Document: 00513080036 Page: 2 Date Filed: 06/16/2015
No. 14-41337
v. Valencia-Gonzales, 172 F.3d 344, 345-46 (5th Cir. 1999); United States v.
Restrepo-Granda, 575 F.2d 524, 527 (5th Cir. 1978). The unopposed motion for
summary disposition is GRANTED, and the judgment of the district court is
AFFIRMED.
2