United States v. Lackey

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 17, 2004

Charles R. Fulbruge III Clerk No. 04-50395 c/w No. 04-50398 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

SHAY DALE LACKEY,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 4:00-CR-192-2 --------------------

Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Shay Dale Lackey

raises arguments that are foreclosed by United States v. Brown,

920 F.2d 1212, 1216-17 (5th Cir. 1991), which held that a

district court may order a term of imprisonment to run

consecutively with an unimposed state sentence. The Government’s

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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