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United States v. Maurice Poindexter, 03-1968 (2003)

Court: Court of Appeals for the Eighth Circuit Number: 03-1968 Visitors: 33
Filed: Dec. 01, 2003
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 03-1968 _ United States of America, * * Appellee, * Appeal from the United States * District Court for the Eastern v. * District of Missouri. * Maurice Thomas Poindexter, * [UNPUBLISHED] * Appellant. * _ Submitted: November 7, 2003 Filed: December 1, 2003 _ Before BYE, BOWMAN, and MELLOY, Circuit Judges. _ PER CURIAM. After a bench trial, Maurice Poindexter was convicted of being a felon in possession of a firearm, in violation of 18 U.
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                    United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 03-1968
                                   ___________

United States of America,               *
                                        *
            Appellee,                   * Appeal from the United States
                                        * District Court for the Eastern
      v.                                * District of Missouri.
                                        *
Maurice Thomas Poindexter,              * [UNPUBLISHED]
                                        *
            Appellant.                  *
                                   ___________

                             Submitted: November 7, 2003

                                 Filed: December 1, 2003
                                  ___________

Before BYE, BOWMAN, and MELLOY, Circuit Judges.
                          ___________

PER CURIAM.


       After a bench trial, Maurice Poindexter was convicted of being a felon in
possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Poindexter requested
that his federal sentence be ordered to run concurrently with his undischarged state
probation-revocation sentence. Rejecting that request, the district court1 imposed a



      1
       The Honorable Carol E. Jackson, Chief Judge, United States District Court for
the Eastern District of Missouri.
120-month prison term to run consecutively to his state sentence, plus 3 years
supervised release. Poindexter appeals.

       Upon de novo review, see United States v. Ashley, 
342 F.3d 850
, 852 (8th Cir.
2003), we affirm the sentence imposed by the district court, see United States v.
Smith, 
282 F.3d 1045
, 1047-48 (8th Cir. 2002) (U.S.S.G. § 5G1.3, comment. (n.6) is
binding on federal sentencing courts and mandates that sentence imposed on
defendant for crime committed during probation must run consecutively to any
resulting sentence for probation revocation).
                       ______________________________




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Source:  CourtListener

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