United States v. Luis Delvalle

15-40754·Judge: Davis, Smith, Prado·Attorney: Renata Ann Gowie, U.S. Attorneys Office, Houston, TX, for Plaintiff-Appellee., Marjorie A. Meyers, Federal Public Defender, Philip G. Gallagher, Assistant Federal Public Defender, H. Michael Sokolow, Assistant Federal Public Defender, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.0 citations

Opinions

Case: 15-40754 Document: 00513383374 Page: 1 Date Filed: 02/17/2016

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15-40754 Conference Calendar United States Court of Appeals Fifth Circuit

FILED February 17, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee

LUIS ANGEL DELVALLE,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:14-CR-826-1

Before DAVIS, SMITH, and PRADO, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Luis Angel Delvalle 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. The 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.