042058P.pdf   07/28/2005  United States  v.  Christopher Cole
   U.S. Court of Appeals Case No:  04-2058
   Eastern District of Arkansas   
   [PUBLISHED] [Bye, Author, with Wollman and Fagg, Circuit Judges] 
   Criminal case - Sentencing Guidelines. Defendant could not begin 
   serving his federal sentence while he was still in state custody; district 
   court properly applied Guidelines Sec. 5G1.3(c); applying Pirani's plain 
   error analysis, defendant was not entitled to Booker relief as he failed to 
   demonstrate a reasonable probability that the district court would have 
   imposed a lesser sentence under an advisory guidelines scheme. 
  
042058P.pdf   01/27/2005  United States  v.  Christopher Cole
   U.S. Court of Appeals Case No:  04-2058
   Eastern District of Arkansas   
   Criminal case - criminal law. Because defendant returned to state 
   custody after receiving his federal sentence instead of being committed to 
   the custody of the Bureau of Prison to commence service of his sentence, 
   he did not begin to serve his federal sentence at that time; Guidelines Sec. 
   5G1.3(c) did not apply to defendant as he was not subject to a prior 
   undischarged term of imprisonment at the time he was sentenced in 
   federal court. 
   [PUBLISHED] [Bye, Author, with Wollman and Fagg, Circuit Judges]