USA v. Camille Armstrong, No. 17-40018 (5th Cir. 2017)
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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2
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