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UNITED STATES of America, Plaintiff-Appellee v. Ruben ALCORTA, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit2012-08-21No. No. 11-10550
475 F. App'x 984

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Opinion

majority opinion

PER CURIAM:

Appealing the judgment in a criminal case, Ruben Alcorta raises 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 has the discretion under 18 U.S.C. § 3584 to order a federal sentence to run consecutively to a yet-to-be-imposed state- sentence. See Setser v. United States, — U.S. -, 132 S.Ct. 1463, 1466-73, 182 L.Ed.2d 455 (2012). The Government’s motion for summary affir-mance is GRANTED, the Government’s alternative motion for an extension of time to file a brief is DENIED, 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.