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U.S. v. MCDANIEL

No. 02-16671. No-Argued Calendar.

338 F.3d 1287 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip Wayne McDANIEL, Jr., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

DECIDED: July 25, 2003.

Attorney(s) appearing for the Case

K. Lyn Campbell Hillman and Carlos Alfredo Williams, Fed. Pub. Defenders, Fed. Def. Org., Mobile, AL, for Defendant-Appellant.

Leigh Lichty Pipkin, Richard H. Loftin, Mobile, AL, for Plaintiff-Appellee.

Before CARNES, BARKETT and WILSON, Circuit Judges.

PER CURIAM:

Phillip Wayne McDaniel, Jr., appeals his 33 month sentence for possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). On appeal, McDaniel argues that the district court erred by ruling that it did not have the authority to order McDaniel's sentence to run concurrently with an unimposed sentence on pending state charges. McDaniel maintains that if, at the time of his federal sentencing, he had already been sentenced in...

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