USA v. Nicole Schilling
Filing
UNPUBLISHED OPINION FILED. [16-41023 Affirmed ] Judge: EGJ , Judge: ECP , Judge: LHS Mandate pull date is 03/14/2017 for Appellant Nicole Marie Schilling; granting motion for summary affirmance filed by Appellant Ms. Nicole Marie Schilling [8328917-2] [16-41023]
Case: 16-41023
Document: 00513883101
Page: 1
Date Filed: 02/21/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-41023
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
February 21, 2017
UNITED STATES OF AMERICA,
Plaintiff-Appellee
Lyle W. Cayce
Clerk
v.
NICOLE MARIE SCHILLING,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:16-CR-260-1
Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Nicole Marie Schilling raises
an argument that 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 a 21 U.S.C. ยง 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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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