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United States v. Brenda Martinez-Montes
697 F. App'x 428
5th Cir.
2017
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Docket

*1 Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges.

PER CURIAM: [*]

Brenda Vianet Martinez-Montes appeals her guilty plea to one count of importing five kilograms or more of cocaine, in violation of 21 U.S.C. §§ 952 and 960. 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 particular type and quantity of controlled substance involved in her offense.

*2 Case: 17-40102 Document: 00514169990 Page: 2 Date Filed: 09/25/2017

No. 17-40102

As Martinez-Montes concedes, her argument is foreclosed by United States v. Betancourt , 586 F.3d 303, 308–09 (5th Cir. 2009). There we 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 drug offense. Accordingly, the motion for summary disposition is GRANTED, and the judgment of the district court 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. Brenda Martinez-Montes
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Sep 25, 2017
Citation: 697 F. App'x 428
Docket Number: 17-40102 Summary Calendar
Court Abbreviation: 5th Cir.
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