diff --git a/mm/memcontrol.c b/mm/memcontrol.c
index c32aaaf..72cf189 100644
--- a/mm/memcontrol.c
+++ b/mm/memcontrol.c
+static int memcg_charge_kmem(struct mem_cgroup *memcg, gfp_t gfp, u64 size)
+{
+	struct res_counter *fail_res;
+	struct mem_cgroup *_memcg;
+	int ret = 0;
+	bool may_oom;
+
+	ret = res_counter_charge(&memcg->kmem, size, &fail_res);
+	if (ret)
+		return ret;
+
+	/*
+	 * Conditions under which we can wait for the oom_killer.
+	 * We have to be able to wait, but also, if we can't retry,
+	 * we obviously shouldn't go mess with oom.
+	 */
+	may_oom = (gfp & __GFP_WAIT) && !(gfp & __GFP_NORETRY);
+
+	_memcg = memcg;
+	ret = __mem_cgroup_try_charge(NULL, gfp, size >> PAGE_SHIFT,
+				      &_memcg, may_oom);
+
+	if (ret == -EINTR)  {
+		/*
+		 * __mem_cgroup_try_charge() chosed to bypass to root due to
+		 * OOM kill or fatal signal.  Since our only options are to
+		 * either fail the allocation or charge it to this cgroup, do
+		 * it as a temporary condition. But we can't fail. From a
+		 * kmem/slab perspective, the cache has already been selected,
+		 * by mem_cgroup_get_kmem_cache(), so it is too late to change
+		 * our minds. This condition will only trigger if the task
+		 * entered memcg_charge_kmem in a sane state, but was
+		 * OOM-killed.  during __mem_cgroup_try_charge. Tasks that are
+		 * already dying when the allocation triggers should have been
+		 * already directed to the root cgroup.
+		 */
+		res_counter_charge_nofail(&memcg->res, size, &fail_res);
+		if (do_swap_account)
+			res_counter_charge_nofail(&memcg->memsw, size,
+						  &fail_res);
+		ret = 0;
+	} else if (ret)
+		res_counter_uncharge(&memcg->kmem, size);
+
+	return ret;
+}