USA v. Vernon Allison, Jr., No. 12-40866 (5th Cir. 2013)

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Case: 12-40866 Document: 00512209698 Page: 1 Date Filed: 04/16/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-40866 Conference Calendar April 16, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. VERNON RAY ALLISON, JR., Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:12-CR-130-1 Before JOLLY, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Vernon Ray Allison, Jr., 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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