Congdon
United States v. Congdon
Opinion
Lead Opinion
MEMORANDUM ***
Eric Congdon (Congdon) appeals his conviction and sentence for possession *638 with intent to distribute and distribution of methamphetamine in violation of 21 U.S.C. § 841 (a)(1). 1 We affirm.
The district court did not err in denying Congdon’s request for credit toward his federal sentence on time he served in state custody on a state parole violation. Congdon had completed his state sentence prior to the federal government charging him with possession and distribution of methamphetamine. Therefore, the district court did not err in rejecting Congdon’s arguments that his federal sentence should have run concurrently with his state sentence. See U.S.S.G. § 5G1.3 cmt.6 (1998) (“If the defendant was on ... state ... parole ... at the time of the instant offense, and has had such ... parole ... revoked, the sentence for the instant offense should be imposed to run consecutively to the term imposed for the violation of ... parole.... ”).
Congdon also asserts that his initial arrest invoked the Speedy Trial Act, 18 U.S.C. § 3161 (b) (indictment must be filed within thirty days from the date of arrest or summons). Congdon’s arrest for a violation of his state parole…