USA v. Michael Medina

Filing

UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.

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