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672 F. App'x 422

United States v. Botello

U.S. Courts of Appeals

Decided December 20, 2016

U.S. Courts of Appeals · decided 2016-12-20

Applies 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)

Relies on United States v. Cartwright

Decided 2016-12-20

PER CURIAM: *

¶1Appealing the judgment in a criminal case, Felix Botello, Jr., raises an argument that 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. Accordingly, the motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

¶2 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R, 47.5.4.

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