IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 18, 2009
No. 08-11071
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ANDRE LAMAR COLLIER,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:08-CR-31-ALL
Before HIGGINBOTHAM, DAVIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Andre Lamar Collier presents
arguments that are foreclosed by United States v. Harrimon, 568 F.3d 531, 532
(5th Cir.2009), which held that a violation of T EXAS P ENAL C ODE §38.04(b)(1) is
a violent felony for purposes of the Armed Career Criminal Act, and 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
*
Pursuant to 5 TH C IR. 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should not be published and is not precedent except under the limited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 5 TH C IR. R. 47.5.4.
No. 08-11071
to an unimposed state sentence. The Government’s motion for summary
affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
2