USA v. Michael Medina


UNPUBLISHED OPINION FILED. [17-40012 Affirmed ] Judge: PEH , Judge: ECP , Judge: CH Mandate pull date is 08/11/2017 for Appellant Michael Medina; granting motion for summary affirmance filed by Appellant Mr. Michael Medina [8481646-2] [17-40012]

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Case: 17-40012 Document: 00514083820 Page: 1 Date Filed: 07/21/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-40012 Summary Calendar United States Court of Appeals Fifth Circuit FILED July 21, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MICHAEL MEDINA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:16-CR-250-1 Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges. PER CURIAM: * Michael Medina appeals his guilty plea to one count of possession with intent to distribute more than five kilograms of cocaine in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A), and 18 U.S.C. § 2. He asserts that the factual basis for his guilty plea was inadequate because the Government failed to meet its obligation to prove that he had knowledge of the particular type and quantity of controlled substance involved in his offense. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 17-40012 Document: 00514083820 Page: 2 Date Filed: 07/21/2017 No. 17-40012 As Medina concedes, his argument is foreclosed by United States v. Betancourt, 586 F.3d 303, 308-09 (5th Cir. 2009), which held that FloresFigueroa 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 21 U.S.C. § 841 drug offense. Accordingly, the motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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