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U.S. v. HILL

No. 93-9056.

42 F.3d 914 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos HILL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 9, 1995.

Attorney(s) appearing for the Case

Timothy Crooks, Asst. Federal Public Defender, Ira Raymond Kirkendall, Federal Public Defender, Fort Worth, TX, for appellant.

Floyd Clardy, III, Asst. U.S. Atty., Paul E. Coggins, U.S. Atty., Dallas, TX, for appellee.

Before WHITE, Associate Justice (Ret.), BARKSDALE and PARKER, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Carlos Hill, who pleaded guilty to conspiracy to commit wire fraud, challenges his sentence on two bases: first, it being consecutive to, rather than concurrent with, an undischarged sentence of imprisonment imposed by a federal court in New Jersey for an unrelated offense (the district court relied upon Sentencing Guidelines § 5G1.3(c), p.s., but we conclude that § 5G1.3(a) applies; it requires a consecutive sentence...

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