USA v. Donald McLean, No. 11-10140 (5th Cir. 2012)

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Case: 11-10140 Document: 00511963453 Page: 1 Date Filed: 08/21/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-10140 Conference Calendar August 21, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DONALD LEE MCLEAN, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:10-CR-136-1 Before SMITH, ELROD, and SOUTHWICK, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Donald Lee McLean raises 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 has the discretion under 18 U.S.C. § 3584 to order a federal sentence to run consecutively to a yet-to-be-imposed state sentence. See Setser v. United States, 132 S. Ct. 1463, 1466-73 (2012). The Government s motion for summary affirmance is GRANTED, the Government s alternative motion for an extension * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-10140 Document: 00511963453 Page: 2 Date Filed: 08/21/2012 No. 11-10140 of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED. 2

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