United States v. Martin Garza, Jr.

• Court: Court of Appeals for the Fifth Circuit
• Decided: January 11, 2018
• Docket: 17-40781
• Status: Unpublished

Opinion

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.