Filed: Jun. 21, 2016
Latest Update: Mar. 02, 2020
Summary: Case: 15-40920 Document: 00513557210 Page: 1 Date Filed: 06/21/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-40920 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 21, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. FRANCISCO HERNANDEZ-LARA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:15-CR-156-1 Before JONES, CLEMENT, and OWEN, Circuit Judges. PER CURI
Summary: Case: 15-40920 Document: 00513557210 Page: 1 Date Filed: 06/21/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-40920 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 21, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. FRANCISCO HERNANDEZ-LARA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:15-CR-156-1 Before JONES, CLEMENT, and OWEN, Circuit Judges. PER CURIA..
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Case: 15-40920 Document: 00513557210 Page: 1 Date Filed: 06/21/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-40920
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
June 21, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
FRANCISCO HERNANDEZ-LARA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:15-CR-156-1
Before JONES, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Francisco Hernandez-Lara
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. § 841 offense. Nor is knowledge of
drug type and quantity an element of an offense under either 21 U.S.C. § 952(a)
or 21 U.S.C. § 960(a). See United States v. Valencia-Gonzales,
172 F.3d 344,
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 15-40920 Document: 00513557210 Page: 2 Date Filed: 06/21/2016
No. 15-40920
345-46 (5th Cir. 1999); United States v. Restrepo-Granda,
575 F.2d 524, 527
(5th Cir. 1978). Accordingly, the motion for summary disposition is
GRANTED, and the judgment of the district court is AFFIRMED.
2