Conference Calendar UNITED STATES OF AMERICA v. Robert Michael Lowery

* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-11117
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ROBERT MICHAEL LOWERY
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:07-CR-25-ALL
Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Robert Michael Lowery
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 with an unimposed
state sentence. The Government’s motion for summary affirmance is
GRANTED, and the judgment of the district court is AFFIRMED.
United States Court of Appeals
Fifth Circuit
F I L E D
April 2, 2008
Charles R. Fulbruge III
Clerk

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