*1 Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges.

PER CURIAM: ^[*]

Michael Medina appeals his guilty plea to one count of possession with intent to distribute more than five kilograms of cocaine in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A), and 18 U.S.C. § 2. He asserts that the factual basis for his guilty plea was inadequate because the Government failed to meet its obligation to prove that he had knowledge of the particular type and quantity of controlled substance involved in his offense.

*2 Case: 17-40012 Document: 00514083820 Page: 2 Date Filed: 07/21/2017

No. 17-40012

As Medina concedes, his argument is foreclosed by United States v. Betancourt , 586 F.3d 303, 308-09 (5th Cir. 2009), which held that Flores- Figueroa v. United States , 556 U.S. 646 (2009), did not overturn United States v. Gamez-Gonzalez , 319 F.3d 695 (5th Cir. 2003), and that the Government is not required to prove knowledge of the drug type and quantity as an element of a 21 U.S.C. § 841 drug offense. Accordingly, the motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.