United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 17, 2004
Charles R. Fulbruge III
Clerk
No. 04-50395
c/w No. 04-50398
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SHAY DALE LACKEY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:00-CR-192-2
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Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Shay Dale Lackey
raises arguments that are foreclosed by United States v. Brown,
920 F.2d 1212, 1216-17 (5th Cir. 1991), which held that a
district court may order a term of imprisonment to run
consecutively with an unimposed state sentence. The Government’s
motion for summary affirmance is GRANTED, and the judgment of the
district court is AFFIRMED.
*
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this opinion should not be published and is not precedent except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.