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United States v. Octavio Lopez-Rodriguez
16-40917
| 5th Cir. | Feb 21, 2017
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Docket

*1 Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges.

PER CURIAM: [*]

Appealing the judgment in a criminal case, Octavio Lopez-Rodriguez 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. Nor is knowledge of drug type and quantity an element of an offense under either 21 U.S.C. § 952(a) or 21 U.S.C. § 960(a). See United States v. Valencia-Gonzales , 172 F.3d 344, *2 Case: 16-40917 Document: 00513882933 Page: 2 Date Filed: 02/21/2017

No. 16-40917

345-46 (5th Cir. 1999); United States v. Restrepo-Granda , 575 F.2d 524, 527 (5th Cir. 1978). Accordingly, the motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: United States v. Octavio Lopez-Rodriguez
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Feb 21, 2017
Docket Number: 16-40917
Court Abbreviation: 5th Cir.
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