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United States v. Laura Keevan, 01-2812 (2002)

Court: Court of Appeals for the Eighth Circuit Number: 01-2812 Visitors: 31
Filed: Feb. 28, 2002
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 01-2812 _ United States of America, * * Appellee, * Appeal from the United States * District Court for the v. * Eastern District of Missouri. * Laura Keevan,1 * [UNPUBLISHED] * Appellant. * _ Submitted: February 13, 2002 Filed: February 28, 2002 _ Before WOLLMAN, RICHARD S. ARNOLD and BYE, Circuit Judges. _ PER CURIAM. The district court2 sentenced Laura Keeven to 41 months imprisonment after she pleaded guilty to being a felon in posse
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                       United States Court of Appeals
                             FOR THE EIGHTH CIRCUIT
                                      ___________

                                      No. 01-2812
                                      ___________

United States of America,                  *
                                           *
               Appellee,                   * Appeal from the United States
                                           * District Court for the
      v.                                   * Eastern District of Missouri.
                                           *
Laura Keevan,1                             * [UNPUBLISHED]
                                           *
               Appellant.                  *
                                      ___________

                                Submitted: February 13, 2002
                                   Filed: February 28, 2002
                                    ___________

Before WOLLMAN, RICHARD S. ARNOLD and BYE, Circuit Judges.
                         ___________

PER CURIAM.

       The district court2 sentenced Laura Keeven to 41 months imprisonment after
she pleaded guilty to being a felon in possession of a firearm, 18 U.S.C. § 922(g). A
Missouri trial judge later sentenced Keeven to serve five years in prison for a
weapon-flourishing offense arising from the same conduct as the § 922(g) charge.
In this appeal, Keeven contends the district court failed to account for her state


      1
          Appellant spells her last name “Keeven” in her brief, a usage we adopt herein.
      2
       The Honorable Stephen N. Limbaugh, United States District Judge for the
Eastern District of Missouri.
sentence in meting out federal punishment. She directs us to U.S.S.G. § 5G1.3(b),
which requires a district court to run a sentence concurrent to an as-yet “undischarged
term of imprisonment” imposed in state or federal court. Keeven suggests the district
court should have run her 41-month federal sentence concurrent to, rather than
consecutive to, the five-year sentence imposed in state court.

       We find two fatal flaws in Keeven’s argument. First, § 5G1.3(b) did not apply
because Keeven was not serving an “undischarged term of imprisonment” from the
state court when the district court sentenced her. United States v. Mun, 
41 F.3d 409
,
413 (9th Cir. 1994) (“At the time the federal court sentenced Mun he was not serving
another sentence. The state sentence was imposed after the federal sentence.
Therefore, § 5G1.3 did not require the district court to alter its sentence to make it run
concurrently with the state sentence.”); accord United States v. Otto, 
176 F.3d 416
,
418 (8th Cir. 1999); United States v. Brewer, 
23 F.3d 1317
, 1319 & n.3 (8th Cir.
1994). Second, we have held that “a district court may impose a federal sentence to
be served consecutively to a yet-to-be-imposed state sentence.” United States v.
Mayotte, 
249 F.3d 797
, 798-99 (8th Cir. 2001) (per curiam); see United States v.
Robinson, 
217 F.3d 560
, 566 (8th Cir. 2000).

      We therefore affirm the sentence imposed by the district court.

      A true copy.

             Attest:

                 CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.




                                           -2-

Source:  CourtListener

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