United States v. Manuel Pruneda , 573 F. App'x 320 ( 2014 )

Case: 13-41044 Document: 00512666232 Page: 1 Date Filed: 06/17/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-41044
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
June 17, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
MANUEL PRUNEDA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:13-CR-381-1
Before KING, HAYNES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Manuel Pruneda 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,
Pruneda’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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.