United States v. Bordelon

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-30552
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BOBBIE L. BORDELON,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 01-CR-295-ALL
--------------------
December 11, 2002
Before JOLLY, DAVIS, and JONES, Circuit Judges.
PER CURIAM:*
Bobbie L. Bordelon pleaded guilty to an indictment charging
him with being a felon in possession of a firearm and making
false statements in application for a firearm in violation of 18
U.S.C. §§ 922(g)(1) and 924(a)(2). Bordelon has appealed his
sentence.
Bordelon argues that his sentence was imposed in error
because the plain language of the application notes for U.S.S.G.

-- 1 of 2 --

No. 02-30552
-2-
§ 5G1.3 merely suggest that a sentence imposed on a defendant on
parole for an unrelated offense at the time of the instant
sentencing should be served consecutive to any time resulting
from a revoked parole term. This court, however, has ruled that
the application notes to that sentencing guideline do in fact
require that the sentence be served consecutively. United States
v. Alexander, 100 F.3d 24, 27 (5th Cir. 1996); United States v.
Reyes-Lugo, 238 F.3d 305, 309-10 (5th Cir. 2001). Accordingly,
the sentence is affirmed.
AFFIRMED.

-- 2 of 2 --