Case: 09-40038 Document: 00511019485 Page: 1 Date Filed: 02/03/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 3, 2010
No. 09-40038 Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff - Appellee
v.
DOMINGO ARROYO-ARIAS,
Defendant - Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:08-CR-635-ALL
Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Domingo Arroyo-Arias appeals his jury trial conviction for possession with
intent to distribute more than five kilograms of cocaine. Arroyo-Arias avers
that, in light of the Supreme Court’s decision in Flores-Figueroa v. United States,
129 S. Ct. 1886 (2009), the Government was required to prove beyond a
reasonable doubt that he knowingly possessed the particular drug type and
amount involved. Arroyo-Arias suggests that the decision in Flores-Figueroa
calls into question our precedent that would otherwise foreclose this claim. See,
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-40038 Document: 00511019485 Page: 2 Date Filed: 02/03/2010
No. 09-40038
e.g., United States v. Gamez-Gonzalez, 319 F.3d 695, 699-700 (5th Cir. 2003)
(holding that proof of knowledge of the drug type or quantity is not required to
sustain a conviction under 21 U.S.C. § 841(a)(1)). This court recently decided
United States v. Betancourt, 586 F.3d 303, 308)09 (5th Cir. 2009), which held
that Flores-Figueroa did not overturn Gamez-Gonzales.
Because Arroyo-Arias’s success on his challenge to the sufficiency of the
evidence was dependent on his argument that Flores-Figueroa required that the
Government prove the type and quantity of controlled substance involved and
because he does not contend that the Government failed to prove his knowing
possession of a controlled substance, the evidence was sufficient to support his
conviction. See Gamez-Gonzalez, 319 F.3d at 700. Arroyo-Arias admitted to
border patrol agents that he knew that the vehicle that he was driving contained
a controlled substance, which was concealed in a hidden compartment under the
driver’s side floorboard. See United States v. Jones, 185 F.3d 459, 464 (5th Cir.
1999) (possession of a controlled substance may be shown by control over the
vehicle in which the drugs are concealed). Furthermore, the Government
presented evidence that the cocaine weighed more than five kilograms. The
judgment of the district court is affirmed.
AFFIRMED.
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