United States v. Eric Hartwell

Case: 10-10316 Document: 00511382589 Page: 1 Date Filed: 02/15/2011

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit

FILED
February 15, 2011
No. 10-10316
Conference Calendar Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ERIC EUGENE HARTWELL,

Defendant-Appellant

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:09-CR-106-1

Before HIGGINBOTHAM, GARZA, and ELROD, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Eric Eugene Hartwell presents
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 to an unimposed state
sentence. The Government’s motion for summary affirmance is GRANTED, its

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-10316 Document: 00511382589 Page: 2 Date Filed: 02/15/2011

No. 10-10316

alternative motion for an extension of time to file a brief is DENIED, and the
judgment of the district court is AFFIRMED.

2