USA v. Randy Neece

Filing

UNPUBLISHED OPINION FILED. [11-10850 Affirmed ] Judge: EHJ , Judge: EGJ , Judge: JES Mandate pull date is 05/08/2012 for Appellant Randy Neece; granting motion for summary affirmance filed by Appellee USA [6999209-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [6999209-3] [11-10850]

Case: 11-10850

Document: 00511823997

Page: 1

Date Filed: 04/17/2012

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

FILED
No. 11-10850
Conference Calendar

April 17, 2012
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RANDY NEECE,
Defendant-Appellant

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:11-CR-84-1

Before JONES, Chief Judge, and JOLLY and SMITH, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Randy Neece raises arguments
that are foreclosed by United States v. Brown, 920 F.2d 1212, 1216-17 (5th Cir.
1991), abrogated on other grounds by United States v. Candia, 454 F.3d 468,
472-73 (5th Cir. 2006), which held that a district court has the discretion to order
a federal sentence to run consecutively to a yet-to-be-imposed state sentence
under 18 U.S.C. § 3584. See Setser v. United States, ___ S. Ct. ___, No. 10-7387,
2012 WL 1019970, at **2-8 (Mar. 28, 2012). The Government’s motion for
*

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

Case: 11-10850

Document: 00511823997

Page: 2

Date Filed: 04/17/2012

No. 11-10850
summary affirmance is GRANTED, the Government’s alternative motion for an
extension of time to file a brief is DENIED, and the judgment of the district
court is AFFIRMED.

2