United States v. Collier

331 F. App'x 309

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 18, 2009
• Docket: 08-11071
• Status: Unpublished

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Andre Lamar Collier presents arguments that are foreclosed by United States v. Harrimon, 568 F.3d 531, 532 (5th Cir.2009), which held that a violation of Texas Penal Code § 38.04(b)(1) is a violent felony for purposes of the Armed Career Criminal Act, and 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 may order a term of imprisonment to run consecutively to an unimposed state sentence. The Government’s motion for summary af-firmance 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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.