USA v. Claude Johnson

Filing

UNPUBLISHED OPINION FILED. [09-60956 Affirmed, 09-60957 Affirmed] Judge: CDK , Judge: FPB , Judge: JWE. Mandate pull date is 10/14/2010 for Appellant Claude Christopher Johnson; granting motion for summary affirmance filed by Appellee USA [6503069-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [6503069-3] [09-60956, 09-60957]

USA v. Claude Johnson

Doc. 0

Case: 09-60956

Document: 00511242430

Page: 1

Date Filed: 09/23/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-60956 c /w No. 09-60957 S u m m a r y Calendar September 23, 2010 Lyle W. Cayce Clerk

U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. C L A U D E CHRISTOPHER JOHNSON, D e fe n d a n t -A p p e lla n t

A p p e a ls from the United States District Court fo r the Southern District of Mississippi U S D C No. 2:03-CR-29-1 U S D C No. 2:98-CR-18-1

B e fo r e KING, BENAVIDES, and ELROD, Circuit Judges. P E R CURIAM:* A p p e a lin g his sentences following the revocation of supervised release, C la u d e Christopher Johnson presents arguments that he concedes are foreclosed b y United States v. Brown, 920 F.2d 1212, 1216-17 (5th Cir. 1991), abrogated on o th e r grounds by United States v. Candia, 454 F.3d 468, 472-73 (5th Cir. 2006),

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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Dockets.Justia.com

Case: 09-60956

Document: 00511242430 Page: 2 No. 09-60956 c /w No. 09-60957

Date Filed: 09/23/2010

w h ic h held that a district court may order a term of imprisonment to run c o n s e c u t iv e ly with an unimposed state sentence. To the extent that Johnson argues that the district court erred in ordering t h a t his revocation sentences run consecutively with a federal sentence imposed in any prosecution relating to the criminal conduct in the matter, any such error w a s rendered harmless or moot. Johnson's subsequently imposed 120-month s e n t e n c e following his guilty plea to theft of firearms from a licensed firearm d e a le r was ordered to run concurrently with his revocation sentences. See U n ite d States v. Ahmed, 324 F.3d 368, 374 (5th Cir. 2003); Rocky v. King, 900 F .2 d 864, 867 (5th Cir. 1990); United States v. Quintana-Gomez, 521 F.3d 495, 4 9 7 -9 8 (5th Cir. 2008). The Government's motion for summary affirmance is G R A N T E D , and the judgment of the district court is AFFIRMED. G o v e r n m e n t 's alternative motion for an extension of time is DENIED. The

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