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  • United States v. Lowery, 4th Cir. (1996)

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    The United States Court of Appeals for the Fourth Circuit dismissed an appeal by Larry Thomas Lowery of his 15-month federal prison sentence for violating the terms of his supervised release. Lowery had been convicted in state court for marijuana possession while on supervised release for a prior federal drug offense. The district court ordered Lowery's 15-month federal sentence to run consecutively with his state sentence. However, at the time the federal sentence was imposed, Lowery was not in state custody but had been released on bond pending his state appeal. As a result, Lowery immediately began serving his federal sentence and has since completed it, rendering any question of whether it should have run concurrently moot. Therefore, the Fourth Circuit dismissed Lowery

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    Filed: 1996-01-30 Precedential Status: Non-Precedential Docket: 94-5908

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    The United States Court of Appeals for the Fourth Circuit dismissed an appeal by Larry Thomas Lowery of his 15-month federal prison sentence for violating the terms of his supervised release. Lowery had been convicted in state court for marijuana possession while on supervised release for a prior federal drug offense. The district court ordered Lowery's 15-month federal sentence to run consecutively with his state sentence. However, at the time the federal sentence was imposed, Lowery was not in state custody but had been released on bond pending his state appeal. As a result, Lowery immediately began serving his federal sentence and has since completed it, rendering any question of whether it should have run concurrently moot. Therefore, the Fourth Circuit dismissed Lowery

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    United States v. Lowery, 4th Cir. (1996)

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    The United States Court of Appeals for the Fourth Circuit dismissed an appeal by Larry Thomas Lowery of his 15-month federal prison sentence for violating the terms of his supervised release. Lowery had been convicted in state court for marijuana possession while on supervised release for a prior federal drug offense. The district court ordered Lowery's 15-month federal sentence to run consecutively with his state sentence. However, at the time the federal sentence was imposed, Lowery was not in state custody but had been released on bond pending his state appeal. As a result, Lowery immediately began serving his federal sentence and has since completed it, rendering any question of whether it should have run concurrently moot. Therefore, the Fourth Circuit dismissed Lowery

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    v.

    No. 94-5908

    LARRY THOMAS LOWERY,


    Defendant-Appellant.
    Appeal from the United States District Court
    for the Middle District of North Carolina, at Greensboro.
    N. Carlton Tilley, Jr., District Judge.
    (CR-90-290)
    Argued: October 31, 1995
    Decided: January 30, 1996
    Before MURNAGHAN and NIEMEYER, Circuit Judges, and
    PHILLIPS, Senior Circuit Judge.
    _________________________________________________________________
    Dismissed by unpublished per curiam opinion.
    _________________________________________________________________
    COUNSEL
    ARGUED: William Stimson Trivette, Assistant Federal Public
    Defender, Greensboro, North Carolina, for Appellant. Michael Francis Joseph, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. ON BRIEF: William E. Martin, Federal Public
    Defender, Greensboro, North Carolina, for Appellant. Walter C. Holton, Jr., United States Attorney, Greensboro, North Carolina, for
    Appellee.
    _________________________________________________________________

    Unpublished opinions are not binding precedent in this circuit. See


    Local Rule 36(c).
    _________________________________________________________________
    OPINION
    PER CURIAM:
    Larry Thomas Lowery was sentenced in June 1991 to 18 months
    imprisonment and 3 years supervised release for a federal drug
    offense. While on supervised release, Lowery was arrested and convicted by North Carolina state authorities for marijuana possession.
    As a result, on December 1, 1994, the district court revoked Lowery's
    supervised release and sentenced him to 15 months imprisonment for
    violating the terms and conditions of his supervised release. The court
    ordered that Lowery's 15-month federal sentence"run consecutively
    with the sentence imposed in state court" for Lowery's marijuana
    conviction. (Emphasis added).
    When the district court imposed Lowery's federal sentence, however, Lowery was not in state custody. Although he had been sentenced by a North Carolina court, Lowery was released on bond
    pending his state appeal. Accordingly, Lowery immediately began
    serving his 15-month federal sentence and has now completed his service.
    Because any question of whether Lowery's federal sentence should
    have been imposed to run concurrently--or, indeed, could have been
    imposed to run concurrently--is moot, we dismiss his appeal.
    DISMISSED
    2

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