USA v. Felix Botello, Jr.

Filing

UNPUBLISHED OPINION FILED.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]

Case: 16-40913

Document: 00513804254

Page: 1

Date Filed: 12/20/2016

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-40913
Conference Calendar

United States Court of Appeals
Fifth Circuit

FILED
December 20, 2016

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
FELIX BOTELLO, JR.,
Defendant-Appellant
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
*