UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,
Plaintiff-Appellee,

v.                                                                     No. 94-5908

LARRY THOMAS LOWERY,
Defendant-Appellant.

Appeal from the United States District Court
for the Middle District of North Carolina, at Greensboro.
N. Carlton Tilley, Jr., District Judge.
(CR-90-290)

Argued: October 31, 1995

Decided: January 30, 1996

Before MURNAGHAN and NIEMEYER, Circuit Judges, and
PHILLIPS, Senior Circuit Judge.

_________________________________________________________________

Dismissed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

ARGUED: William Stimson Trivette, Assistant Federal Public
Defender, Greensboro, North Carolina, for Appellant. Michael Fran-
cis Joseph, Assistant United States Attorney, Greensboro, North Car-
olina, for Appellee. ON BRIEF: William E. Martin, Federal Public
Defender, Greensboro, North Carolina, for Appellant. Walter C. Hol-
ton, Jr., United States Attorney, Greensboro, North Carolina, for
Appellee.

_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

Larry Thomas Lowery was sentenced in June 1991 to 18 months
imprisonment and 3 years supervised release for a federal drug
offense. While on supervised release, Lowery was arrested and con-
victed by North Carolina state authorities for marijuana possession.
As a result, on December 1, 1994, the district court revoked Lowery's
supervised release and sentenced him to 15 months imprisonment for
violating the terms and conditions of his supervised release. The court
ordered that Lowery's 15-month federal sentence"run consecutively
with the sentence imposed in state court" for Lowery's marijuana
conviction. (Emphasis added).

When the district court imposed Lowery's federal sentence, how-
ever, Lowery was not in state custody. Although he had been sen-
tenced by a North Carolina court, Lowery was released on bond
pending his state appeal. Accordingly, Lowery immediately began
serving his 15-month federal sentence and has now completed his ser-
vice.

Because any question of whether Lowery's federal sentence should
have been imposed to run concurrently--or, indeed, could have been
imposed to run concurrently--is moot, we dismiss his appeal.

DISMISSED

                    2
