United States v. Nelly Cazares

Case: 18-40296 Document: 00514698121 Page: 1 Date Filed: 10/25/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 18-40296 United States Court of Appeals
Summary Calendar
Fifth Circuit
FILED
October 25, 2018
UNITED STATES OF AMERICA, Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
NELLY BEATRIZ CAZARES,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:17-CR-563-1
Before HIGGINBOTHAM, ELROD, and DUNCAN, Circuit Judges.
PER CURIAM: *
Nelly Beatriz Cazares pleaded guilty to a single count of possession with
intent to distribute more than 100 kilograms of marijuana. Cazares contends
that her conviction was not supported by an adequate factual basis because the
Government did not meet its obligation to prove that she had knowledge of the
type and quantity of drugs 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 18-40296 Document: 00514698121 Page: 2 Date Filed: 10/25/2018
No. 18-40296
As Cazares concedes, her sole appellate argument is foreclosed by United
States v. Betancourt, 586 F.3d 303, 308-09 (5th Cir. 2009), which determined
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 21 U.S.C. § 841 drug trafficking offense. The Government
thus did not have to prove that Cazares was aware of the type and quantity of
controlled substances involved in her offense.
Therefore, Cazares’s motion for summary disposition is GRANTED, and
the district court’s judgment is AFFIRMED.
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