USA v. Artemio Garcia, Jr.

Filing

UNPUBLISHED OPINION FILED. [13-40345 Affirmed ] Judge: TMR , Judge: PRO , Judge: LHS Mandate pull date is 03/14/2014 for Appellant Artemio Garcia Jr.; granting motion for summary affirmance filed by Appellant Mr. Artemio Garcia, Jr. [7437860-2] [13-40345]

Case: 13-40345

Document: 00512539601

Page: 1

Date Filed: 02/21/2014

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-40345
Conference Calendar

United States Court of Appeals
Fifth Circuit

FILED
February 21, 2014

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
ARTEMIO GARCIA, JR.,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:12-CR-1410-1
Before REAVLEY, OWEN, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Artemio Garcia, Jr., 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
*