U. S. v. Carlos Compian

Full title: UNITED STATES of America, Plaintiff-Appellee v. Juan Carlos COMPIAN…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jun 22, 2010

382 F. App'x 413 (5th Cir. 2010)

Opinion

No. 09-41224 Conference Calendar.

June 22, 2010.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Molly Estelle Odom, Esq., Assistant Federal Public Defender, Federal Public Defender's Office, Houston, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Texas, USDC No. 2-.09-CR-220-1.

Before JOLLY, STEWART, and OWEN, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Appealing the judgment in a criminal case, Juan Carlos Compian raises arguments that he concedes are foreclosed by United States v. Betancourt, 586 F.3d 303, 308-09 (5th Cir. 2009), cert. denied, ___ U.S. ___, 130 S.Ct. 1920, 176 L.Ed.2d 390 (2010), which reaffirmed the holding in United States v. Gomez-Gonzalez, 319 F.3d 695, 700 (5th Cir. 2003), that knowledge of drug type and quantity is not a material element of the offense. The appellant's unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.