United States v. Eusebio Vela

Case: 10-40756 Document: 00511515425 Page: 1 Date Filed: 06/21/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 21, 2011
No. 10-40756
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
EUSEBIO VELA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:09-CR-949-1
Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Eusebio Vela presents
arguments that he concedes are foreclosed by United States v. Betancourt, 586
F.3d 303, 308-09 (5th Cir. 2009), cert. denied, 130 S. Ct. 1920 (2010), which
reaffirmed the holding in United States v. Gamez-Gonzalez, 319 F.3d 695, 700
(5th Cir. 2003), that knowledge of drug type and quantity is not an element of
the offense under 21 U.S.C. § 841. The appellant’s 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.