United States v. Porche ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-30641
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BERNIE PORCHE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 98-CR-20-ALL-L
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December 11, 2002
Before JOLLY, DAVIS, and JONES, Circuit Judges.
PER CURIAM:*
Bernie Porche appeals the sentence imposed following the
revocation of his supervised release. He argues that the
district court sentenced him to a sentence consecutive to a
previously imposed sentence based on its misapprehension that it
had no discretion to do otherwise under the applicable law.
The policy statements in Chapter 7 of the Sentencing
Guidelines are merely advisory. See United States v. Escamilla,
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 02-30641
-2-
70 F.3d 835, 835 (5th Cir. 1995). However, this court has
considered those policy statements in conjunction with U.S.S.G.
§ 5G1.3 and its commentary and has determined that a sentence
imposed following the revocation of supervised release must be
served consecutively to any sentence that the defendant is
serving. See United States v. Alexander, 100 F.3d 24, 25-27 (5th
Cir. 1996).
The district court did not misapprehend the applicable law
in imposing a consecutive sentence. The sentence imposed is
AFFIRMED.