United States v. Antonio Bishop

Case: 13-12550 Date Filed: 03/31/2014 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 13-12550 Non-Argument Calendar ________________________ D.C. Docket No. 3:11-cr-00056-CAR-CHW-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ANTONIO BISHOP, a.k.a. BG, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Georgia ________________________ (March 31, 2014) Before TJOFLAT, HULL and MARCUS, Circuit Judges. PER CURIAM: In United States v. Bishop, --- Fed.Appx. ----, 2014 WL 776460 (C.A.11 Case: 13-12550 Date Filed: 03/31/2014 Page: 2 of 2 (Ga.)), Antonio Bishop appealed the 24 months’ sentence the District Court imposed in Case No. 3:05-cr-00036 (following the revocation of his supervised release) consecutively to the 120 months’ sentence imposed in Case No. 3:11-cr- 00056 (charging Bishop with involvement in a drug trafficking conspiracy) on the ground that the Government breached its plea agreement in Case No. 3:11-cr- 00056 to recommend that the District Court impose a concurrent sentence in Case No. 3:05-cr-00036. We found no merit in the appeal and affirmed the 24 months’ sentence in Case No. 3:05-cr-00036. Bishop now appeals the 120 months’ sentence he received in Case No. 3:11- cr-00056, presenting the same argument—the Government breached the plea agreement in failing to recommend concurrent sentences. For the reasons stated in United States v. Bishop cited above, we find no merit in Bishop’s argument and therefore affirm the District Court’s judgment. AFFIRMED. 2