USA v. Jose Gonzalez, No. 10-50231 (5th Cir. 2010)

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Case: 10-50231 Document: 00511335140 Page: 1 Date Filed: 12/29/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-50231 Summary Calendar December 29, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE ANDRES GONZALEZ, Defendant-Appellant cons. w/ No. 10-50238 UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE ANDRES GONZALEZ, also known as Jose Andrew Gonzalez, Jr., Defendant-Appellant Appeals from the United States District Court for the Western District of Texas USDC No. 1:09-CR-641-1 USDC No. 1:08-CR-98-1 Before JOLLY, GARZA and STEWART, Circuit Judges. PER CURIAM:* * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-50231 Document: 00511335140 Page: 2 Date Filed: 12/29/2010 No. 10-50231 c/w No. 10-50238 Jose Andres Gonzalez was convicted following entry of a guilty plea to a charge of illegal reentry following removal and was sentenced to a sentence of 18 months of imprisonment. Gonzalez s supervised release was revoked, and he was sentenced to serve 24 months of imprisonment. The district court ordered the sentences to run consecutively to each other and to any future imprisonment term imposed in a pending state case. Gonzalez now appeals, presenting arguments that he concedes 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 may order a term of imprisonment to run consecutively with an unimposed state sentence. Accordingly, the Government s motion for summary affirmance is GRANTED, its alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court and order revoking supervised release and imposing sentence are AFFIRMED. 2

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