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U.S. v. CLAYTON

No. 89-30361.

927 F.2d 491 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Dean CLAYTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 6, 1991.

Attorney(s) appearing for the Case

Lonnie F. Sparks, Spokane, Wash., for defendant-appellant.

Thomas O. Rice, Asst. U.S. Atty., Spokane, Wash., for plaintiff-appellee.

Before SCHROEDER, FLETCHER and FARRIS, Circuit Judges.

FARRIS, Circuit Judge:

Joseph Dean Clayton appeals his federal sentence for making false statements in the acquisition of a firearm and for firearm possession by a felon in violation of 18 U.S.C. §§ 922(a)(6) and 922(g). Clayton contends that the district court erred in directing that his federal sentence be served consecutively with a state sentence that had not yet been imposed. We reverse and remand.

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