USA v. Alejandro Munoz

Filing

UNPUBLISHED OPINION FILED. [12-40723 Affirmed ] Judge: CDK , Judge: EBC , Judge: CH Mandate pull date is 03/12/2013 for Appellant Alejandro Munoz; granting motion for summary affirmance filed by Appellant Mr. Alejandro Munoz [7248572-2] [12-40723]

Case: 12-40723

Document: 00512147019

Page: 1

Date Filed: 02/19/2013

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit

FILED
No. 12-40723
Conference Calendar

February 19, 2013
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ALEJANDRO MUNOZ,
Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:11-CR-599-1

Before KING, CLEMENT, and HAYNES, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Alejandro Munoz raises an
argument that he concedes 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 the offense under 21 U.S.C. § 841. The appellant’s 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.