U.S. v. Gonzalez-Garza

Full title: UNITED STATES OF AMERICA, Plaintiff-Appellee v. Jose GONZALEZ-GARZA…

Court: United States Court of Appeals, Fifth Circuit

Date published: Feb 12, 2010

365 F. App'x 588 (5th Cir. 2010)

Opinion

No. 09-40186 Conference Calendar.

February 12, 2010.

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

Oscar Maria Alvarez, Law Office of Oscar Alvarez, McAllen, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Texas, USDC No. 7:07-CR-541-1.

Before GARZA, DENNIS, and ELROD, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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, Jose Gonzalez-Garza raises arguments that are foreclosed by United States v. Betancourt, 586 F.3d 303, 308-09 (5th Cir. 2009), which reaffirmed the holding in United States v. Gamez-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 Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.