USA v. Felix Botello, Jr.
UNPUBLISHED OPINION FILED. [16-40913 Affirmed ] Judge: JLD , Judge: ECP , Judge: PRO Mandate pull date is 01/10/2017 for Appellant Felix Botello Jr.; granting motion for summary affirmance filed by Appellant Mr. Felix Botello, Jr. [8319069-2] [16-40913]
Date Filed: 12/20/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
December 20, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
FELIX BOTELLO, JR.,
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:16-CR-23-1
Before DENNIS, PRADO, and OWEN, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Felix Botello, Jr., raises an
argument that is foreclosed by United States v. Betancourt, 586 F.3d 303, 30809 (5th Cir. 2009), which held that knowledge of drug type and quantity is not
an element of a 21 U.S.C. § 841 offense. Accordingly, the 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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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