IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-41115
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHRISTOPHER COLLINS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:01-CR-250-ALL
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January 24, 2003
Before JOLLY, JONES and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Christopher Collins appeals his sentence following a guilty
plea conviction for possession of cocaine base with intent to
distribute under 21 U.S.C. § 841(a)(1). Collins argues that the
district court erred in finding that his state court convictions
for a November 26, 2001, bail jumping offense and the underlying
January 28, 1999, possession offense are not related, as they
*
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that this opinion should not be published and is not precedent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.
No. 02-41115
-2-
were consolidated for purposes of trial and sentencing and he
received concurrent sentences for the two charges.
The district court correctly found that the convictions were
not related. Even if Collins’ prior cases were consolidated for
sentencing purposes, they were separated by an intervening arrest
and therefore cannot be related. See, e.g., U.S.S.G.
§ 4A1.2, comment. (n.3); United States v. Bryant, 991 F.2d 171,
178 (5th Cir. 1993). The district court did not base Collins’
sentence on a finding that the state court’s consolidation was
merely a functional consolidation for administrative convenience;
however, it would not have clearly erred in treating it as a
functional consolidation. See, e.g., United States v. Bryant,
991 F.2d 171, 178 (5th Cir. 1993); United States v. Paulk, 917
F.2d 879, 884 (5th Cir. 1990).
AFFIRMED.