
    UNITED STATES of America, Plaintiff-Appellee v. Hector Garza MARTINEZ, Defendant-Appellant.
    No. 12-40029
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Aug. 21, 2012.
    Renata Ann Gowie, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.
    Marjorie A. Meyers, Federal Public Defender, Timothy William Crooks, Assistant Federal Public Defender, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.
    Before SMITH, ELROD, and SOUTHWICK, Circuit Judges.
   PER CURIAM:

Appealing the judgment in a criminal case, Hector Garza Martinez raises an argument that he concedes is foreclosed by United States v. Betancourt, 586 F.3d 303, 308-09 (5th Cir.2009), which reaffirmed the holding in United States v. Gamez-Gonza lez, 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     