U.S. v. BETANCOURT

No. 08-40909.

586 F.3d 303 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Raul Medrano BETANCOURT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 9, 2009.


Attorney(s) appearing for the Case

Tony Ray Roberets (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Marjorie A. Meyers, Philip G. Gallagher, Fed. Pub. Defenders, Timothy William Crooks (argued), Laura Fletcher Leavitt, Asst. Fed. Pub. Defenders, Houston, TX, for Betancourt.

Before JONES, Chief Judge, and PRADO and HAYNES, Circuit Judges.


PRADO, Circuit Judge:

Raul Medrano Betancourt, a long-distance truck driver, was found guilty of possessing more than 100 kilograms of marijuana with intent to distribute, under 21 U.S.C. § 841(a)(1) and (b)(1)(B). On appeal, Betancourt argues that his conviction should be overturned for two reasons. First, he argues that the district court's voluntariness instruction to the jury was improper. Second, he argues that under Flores-Figueroa v. United States,...

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