United States v. Cristobal Leal-Pena

U.S. Court of Appeals for the Fifth Circuit
United States v. Cristobal Leal-Pena, 489 F. App'x 794 (5th Cir. 2012)
Higginbotham, Smith, Haynes

United States v. Cristobal Leal-Pena

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Cristobal Leal-Pena raises an argument that is foreclosed by United States v. Betancourt, 586 F.3d 303, 308-09 (5th Cir. 2009), 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. Leal-Pena acknowledges that the argument is foreclosed but moves for summary disposition so that he can raise the issue in a petition for writ of certiorari. 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Cristobal LEAL-PENA, Defendant-Appellant
Status
Unpublished