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UNITED STATES OF AMERICA, Plaintiff-Appellee v. Jose GONZALEZ-GARZA, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit2010-02-12No. No. 09-40186
365 F. App'x 588

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Opinion

majority opinion

PER CURIAM:

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.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.