USA v. David Metcalf, No. 11-50050 (5th Cir. 2011)

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Case: 11-50050 Document: 00511604593 Page: 1 Date Filed: 09/16/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-50050 Summary Calendar September 16, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DAVID GLEN METCALF, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 10-1248 Before BENAVIDES, STEWART, and CLEMENT, Circuit Judges. PER CURIAM:* The Government s motion for summary affirmance is GRANTED. Appellant concedes his arguments are foreclosed by circuit precedent; to wit: United States v. Johnson, 632 F.3d 912 (5th Cir. 2011); United States v. Heth, 596 F.3d 255 (5th Cir. 2010); and United States v. Whaley, 577 F.3d 254 (5th Cir. 2009). Appellant also indicates that he raises the arguments for possible Supreme Court review. The judgment of the district court is SUMMARILY 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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