Case: 18-40993 Document: 00514956746 Page: 1 Date Filed: 05/14/2019

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 18-40993 May 14, 2019 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MIGUEL OLIVERA-SANCHEZ, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:17-CR-538-1

Before HIGGINBOTHAM, ELROD, and DUNCAN, Circuit Judges.

PER CURIAM: * Miguel Olivera-Sanchez was convicted of one charge of possessing 4.5 kilograms of cocaine with intent to distribute and was sentenced to serve 97 months in prison and a four-year term of supervised release. Now, he argues that the evidence was insufficient to support his conviction because it did not establish that he knew the type and quantity of drugs he possessed and that the jury instructions were flawed because they did not require this finding. He

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-40993 Document: 00514956746 Page: 2 Date Filed: 05/14/2019

No. 18-40993 concedes that these arguments are foreclosed by United States v. Betancourt, 586 F.3d 303, 308-09 (5th Cir. 2009), and he has filed an unopposed motion for summary disposition based on Betancourt.

As Olivera-Sanchez acknowledges, Betancourt reiterated that a defendant’s knowledge of the type and quantity of drugs is not an element of a § 841 offense. 586 F.3d at 308-09. This case thus forecloses his arguments concerning the necessity of the government’s proving his knowledge of the type and quantity of drugs involved with his offense. See id. His motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.