USA v. Alejandro Munoz


UNPUBLISHED OPINION FILED.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]

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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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