USA v. Landry, No. 21-30329 (5th Cir. 2023)

 Annotate this Case
Download PDF
Case: 21-30329 Document: 00516629479 Page: 1 Date Filed: 01/31/2023 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED January 31, 2023 No. 21-30329 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Thomas Landry, Defendant—Appellant. Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:19-CR-175-7 Before Elrod, Haynes, and Willett, Circuit Judges. Per Curiam:* Thomas Landry appeals his sentence for conspiring to distribute and to possess with intent to distribute cocaine base and using a communication facility in the commission of a conspiracy. He was sentenced to 151 months’ imprisonment on the conspiracy count, and 48 months’ imprisonment on the communication facility count. * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 21-30329 Document: 00516629479 Page: 2 Date Filed: 01/31/2023 No. 21-30329 At sentencing, Landry’s defense counsel asked if this federal sentence would run concurrently with Landry’s state sentence. The Government informed the district court that it did not believe that the court had the power to run the sentences concurrently. On appeal, the Government concedes that it was incorrect about the district court’s statutory discretion under 18 U.S.C. § 3584(a) to run Landry’s sentence concurrently with his undischarged state sentence and acknowledges that its advice may have contributed to the district court’s misunderstanding of the scope of its authority. The Government requests that the case be remanded to allow the district court to consider whether the sentences should run concurrently. We agree. We VACATE the sentence and REMAND for the district court to consider whether to run Landry’s federal sentence concurrently with his state sentence. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.