United States v. Jorge Martinez

Case: 11-40954 Document: 00511891115 Page: 1 Date Filed: 06/19/2012 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED June 19, 2012 No. 11-40954 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JORGE ANTONIO MARTINEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:10-CR-439-5 Before DAVIS, STEWART, and PRADO, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Jorge Antonio Martinez raises arguments that he concedes are foreclosed by United States v. Betancourt, 586 F.3d 303, 308-09 (5th Cir. 2009), which reaffirmed the holding in United States v. Gamez-Gonzalez, 319 F.3d 695, 700 (5th Cir. 2003), that knowledge of drug type and quantity is not an element of the offense under 21 U.S.C. § 841. The appellant’s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.