United States v. Rodrigo Bernal-Estevez

Case: 13-40591 Document: 00512597428 Page: 1 Date Filed: 04/16/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-40591
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
April 16, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
RODRIGO ANDRES BERNAL-ESTEVEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:12-CR-1658-1
Before PRADO, ELROD, and HAYNES, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Rodrigo Andres Bernal-
Estevez 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 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 v. Restrepo-Granda, 575
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-40591 Document: 00512597428 Page: 2 Date Filed: 04/16/2014
No. 13-40591
F.2d 524, 527 (5th Cir. 1978); see United States v. Valencia-Gonzales, 172 F.3d
344, 345-46 (5th Cir. 1999). The appellant’s motion for summary disposition
is GRANTED, and the judgment of the district court is AFFIRMED.
2