United States v. Martin Garza, Jr.

Case: 17-40781 Document: 00514305131 Page: 1 Date Filed: 01/11/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 17-40781
Fifth Circuit
FILED
Summary Calendar January 11, 2018
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
MARTIN GARZA, JR.,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:17-CR-88-1
Before DAVIS, CLEMENT and COSTA, Circuit Judges.
PER CURIAM: *
Martin Garza, Jr. appeals his guilty plea conviction of one count of
possession with intent to distribute a controlled substance. Garza argues that
the factual basis was insufficient to support his guilty plea conviction because
the Government failed to meet its obligation to prove that he knew the type
and quantity of drug involved in his offense. As Garza concedes, his argument
is foreclosed by United States v. Betancourt, 586 F.3d 303, 308-09 (5th Cir.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-40781 Document: 00514305131 Page: 2 Date Filed: 01/11/2018
No. 17-40781
2009). Garza’s motion for summary disposition is GRANTED, and the
judgment is AFFIRMED.
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