182040P.pdf   07/19/2019  United States  v.  Kendrick Moody
   U.S. Court of Appeals Case No:  18-2040
                          and No:  18-2041
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Smith, Author, with Kelly and Kobes, Circuit Judges] 
   Criminal case - Sentencing. The district court erred in determining it 
   lacked authority to make concurrent defendant's two sentences for 
   possessing a prohibited object in prison in violation of 18 U.S.C. Sec. 
   1791(a)(2); the statute in question requires the court to make any 
   sentence for violation of the statute consecutive to the time being served 
   when the offense was committed, but it does not deprive the court of 
   authority to make the sentences for two violations of the statute 
   concurrent; the district court's mistaken belief to the contrary 
   constituted a significant procedural error which was not harmless, and the 
   case is reversed and remanded for resentencing.