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United States v. Camille Armstrong
695 F. App'x 806
| 5th Cir. | 2017
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Docket

*1 Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.

PER CURIAM: [*]

Camille Armstrong appeals her conviction of conspiring to possess with *2 Case: 17-40018 Document: 00514120864 Page: 2 Date Filed: 08/17/2017

No. 17-40018

intent to distribute more than 50 grams of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A) and 21 U.S.C. § 846. She asserts that the factual basis for her guilty plea was inadequate because the government failed to meet its obligation to prove that she had knowledge of the quantity of actual methamphetamine involved in her offense.

As Armstrong concedes, her argument is foreclosed by United States v. Betancourt , 586 F.3d 303, 308 − 09 (5th Cir. 2009), which 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 drug type and quantity as an element of a § 841 drug offense. Accordingly, the motion for summary disposition is GRANTED, and the 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. Camille Armstrong
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Aug 17, 2017
Citation: 695 F. App'x 806
Docket Number: 17-40018 Summary Calendar
Court Abbreviation: 5th Cir.
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