USA v. Steven Mallory

Filing

UNPUBLISHED OPINION FILED. [13-40064 Affirmed ] Judge: EHJ , Judge: PRO , Judge: JEG Mandate pull date is 07/09/2013 for Appellant Steven Clyde Mallory; granting motion for summary affirmance filed by Appellant Mr. Steven Clyde Mallory [7336506-2] [13-40064]

Case: 13-40064

Document: 00512277692

Page: 1

Date Filed: 06/18/2013

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit

FILED
No. 13-40064
Conference Calendar

June 18, 2013
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
STEVEN CLYDE MALLORY,
Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:12-CR-562-1

Before JONES, OWEN, and GRAVES, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Steven Clyde Mallory raises
an argument that he concedes is foreclosed by United States v. Betancourt, 586
F.3d 303, 308-09 (5th Cir. 2009), which held 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.