091432P.pdf   11/06/2009  United States  v.  Anthony Collier
   U.S. Court of Appeals Case No:  09-1432
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED][Loken, Chief Judge, with Wollman and Shepherd, Circuit Judges]
   Prisoner case - habeas. Defendant waived his argument that the district
   court committed procedural error by treating the Guidelines as mandatory
   and by failing to consider the statutory factors in 18 U.S.C. Sec. 3553(a)
   in this resentencing proceeding; even if the contentions were not waived,
   the district court did not commit plain error; the court provided an
   adequate explanation for its sentencing decision; claim that the court
   erred in not making his federal sentence concurrent with an undischarged
   state sentence was procedurally barred as it had not been raised in
   defendant's direct appeal; further, defendant waived the issue when he
   stated he was not seeking concurrent sentence and was seeking, instead,
   credit for time served.