The appellant challenges the sentence imposed following the revocation of his supervised release. In effect, the district court ordered a sentence to be served concurrently with a no-longer existing sentence. Under plain error review, the appellant's substantial rights are not affected at this point, and failing to correct the sentence by a minor reduction does not affect the fairness, integrity or public reputation of judicial proceedings. The district court's sentence is affirmed. 5th U.S. Circuit Court of Appeals, No. 11-51039, 11-08-2012.
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United States v. Kirklin
5th Cir.
November 12, 2012
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