UNITED STATES v. OLIVERA SANCHEZ (2019)

Miguel Olivera-Sanchez was convicted of one charge of possessing 4.5 kilograms of cocaine with intent to distribute and was sentenced to serve 97 months in prison and a four-year term of supervised release. Now, he argues that the evidence was insufficient to support his conviction because it did not establish that he knew the type and quantity of drugs he possessed and that the jury instructions were flawed because they did not require this finding. He concedes that these arguments are foreclosed by United States v. Betancourt, 586 F.3d 303, 308-09 (5th Cir. 2009), and he has filed an unopposed motion for summary disposition based on Betancourt.

As Olivera-Sanchez acknowledges, Betancourt reiterated that a defendant’s knowledge of the type and quantity of drugs is not an element of a § 841 offense. 586 F.3d at 308-09. This case thus forecloses his arguments concerning the necessity of the government’s proving his knowledge of the type and quantity of drugs involved with his offense. See id. His motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

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PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.