Case: 11-50050 Document: 00511604593 Page: 1 Date Filed: 09/16/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
September 16, 2011
No. 11-50050
Summary Calendar 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 R. 47.5, the Court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.