Case: 17-40102 Document: 00514169990 Page: 1 Date Filed: 09/25/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 17-40102
Fifth Circuit
FILED
Summary Calendar September 25, 2017
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
BRENDA VIANET MARTINEZ-MONTES,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:16-CR-1368-1
Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Brenda Vianet Martinez-Montes appeals her guilty plea to one count of
importing five kilograms or more of cocaine, in violation of 21 U.S.C. §§ 952
and 960. 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 particular type and quantity of controlled substance involved
in her 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-40102 Document: 00514169990 Page: 2 Date Filed: 09/25/2017
No. 17-40102
As Martinez-Montes concedes, her argument is foreclosed by United
States v. Betancourt, 586 F.3d 303, 308–09 (5th Cir. 2009). There we 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 the drug type and quantity
as an element of a drug offense. Accordingly, the motion for summary
disposition is GRANTED, and the judgment of the district court is AFFIRMED.
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