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United States v. Yair Parroquin-Luna
685 F. App'x 326
| 5th Cir. | 2017
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Docket

*1 Before JOLLY, SOUTHWICK, and HIGGINSON, Circuit Judges.

PER CURIAM: [*]

Yair Parroquin-Luna pled guilty without a written plea agreement to possession with intent to distribute 920.9 grams of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A). The district court sentenced him to 80 months in prison and five years of supervised release. On appeal, he argues that the factual basis for his guilty plea was inadequate because the *2 Case: 16-41355 Document: 00513951675 Page: 2 Date Filed: 04/13/2017

No. 16-41355

Government did not prove that he knew the type and quantity of the drugs involved in the offense.

As Parroquin-Luna concedes, his argument is foreclosed by United States v. Betancourt , 586 F.3d 303, 308–09 (5th Cir. 2009). It held that Flores- Figueroa v. United States , 556 U.S. 646 (2009), did not overturn United States v. Gamez-Gonzalez , 319 F.3d 695 (5th Cir. 2003), and that the Government is not required to prove knowledge of the drug type and quantity as an element of a Section 841 offense. See United States v. Gil-Cruz , 808 F.3d 274, 278 (5th Cir. 2015) (relying on Betancourt to reject as foreclosed a similar challenge to a drug conspiracy conviction).

Accordingly, Parroquin-Luna’s motion for summary disposition is GRANTED, and the district court’s judgment is AFFIRMED.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: United States v. Yair Parroquin-Luna
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Apr 13, 2017
Citation: 685 F. App'x 326
Docket Number: 16-41355 Summary Calendar
Court Abbreviation: 5th Cir.
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