USA v. Kenny Ignacio-Francisco


UNPUBLISHED OPINION FILED. [17-40363 Affirmed ] Judge: JLW , Judge: JLD , Judge: LHS Mandate issue date is 12/29/2017 for Appellant Kenny Arloth Ignacio-Francisco; granting motion for summary affirmance filed by Appellant Mr. Kenny Arloth Ignacio-Francisco [8590965-2] [17-40363]

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Case: 17-40363 Document: 00514264821 Page: 1 Date Filed: 12/07/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-40363 Summary Calendar United States Court of Appeals Fifth Circuit FILED December 7, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. KENNY ARLOTH IGNACIO-FRANCISCO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:16-CR-1520-1 Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * Kenny Arloth Ignacio-Francisco appeals his guilty plea conviction for importing 500 grams or more of methamphetamine in violation of 21 U.S.C. §§ 952(a)(1) and 960(a)(1), (b)(1). Ignacio-Francisco argues that the factual basis was insufficient to support his guilty plea conviction because the Government failed to meet its obligation to prove that he knew the type and quantity of drug 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-40363 Document: 00514264821 Page: 2 Date Filed: 12/07/2017 No. 17-40363 As Ignacio-Francisco concedes, his 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 drug offense. Accordingly, Ignacio-Francisco’s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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