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U.S. v. GROSS

No. 91-7364.

979 F.2d 1048 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Ellis Jake GROSS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 9, 1992.

Attorney(s) appearing for the Case

Peter Fleury, Asst. Federal Public Defender, Ira R. Kirkendoll, Federal Public Defender, Fort Worth, Tex., for defendant-appellant.

Frank D. Able, Asst. U.S. Atty., Marvin Collins, U.S. Atty., Randell P. Means, Asst. U.S. Atty., Fort Worth, Tex., for plaintiff-appellee.

Before BROWN, GARWOOD, and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

The defendant pled guilty to bank robbery and making a false statement to a firearm dealer. The district court sentenced the defendant to 84 and 60 months respectively for the bank robbery and the false statement, and ordered those sentences to run concurrently for a total sentence of 84 months. The USDC, however, ordered the sentences in the present case to run consecutively to a prior undischarged 110-month sentence. Because we hold that the...

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