USA v. Kenny Ignacio-Francisco

Filing

UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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

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