United States v. Collier

¶1 Appealing the judgment in a criminal case, Andre Lamar Collier presents arguments that are foreclosed by United States v. Harrimon, 568 F.3d 531, 532 (5th Cir.2009), which held that a violation of Texas Penal Code § 38.04(b)(1) is a violent felony for purposes of the Armed Career Criminal Act, and United States v. Brown, 920 F.2d 1212, 1216-17 (5th Cir.1991), abrogated on other grounds by United States v. Candia, 454 F.3d 468, 472-73 (5th Cir.2006), which held that a district court may order a term of imprisonment to run consecutively to an unimposed state sentence. The Government’s motion for summary af-firmance is GRANTED, and the judgment of the district court is AFFIRMED.