USA v. Camille Armstrong

Filing

UNPUBLISHED OPINION FILED. [17-40018 Affirmed ] Judge: PEH , Judge: EHJ , Judge: JES Mandate pull date is 09/07/2017 for Appellant Camille Diane Armstrong; granting motion for summary affirmance filed by Appellant Ms. Camille Diane Armstrong [8489806-2] [17-40018]

Case: 17-40018

Document: 00514120864

Page: 1

Date Filed: 08/17/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 17-40018
Summary Calendar

United States Court of Appeals
Fif h Circuit

FILED
August 17, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff−Appellee,
versus
CAMILLE DIANE ARMSTRONG,
Defendant−Appellant.

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:16-CR-657-1

Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
PER CURIAM: *
Camille Armstrong appeals her conviction of conspiring to possess with

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in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: 17-40018

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 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 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.

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