UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

JONATHAN SEARCY,

Defendant-Appellant.

No. 98-3040

(D.C. No. 96-CR-10054)

(District of Kansas)

ORDER AND JUDGMENT*

Before PORFILIO, KELLY, and HENRY, Circuit Judges.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.

Jonathan W. Searcy appeals his sentence of 97 months. The only issue he raises is that the district court should have made his sentence concurrent with another he is serving on a separate conviction.

We have already held a district court has "broad discretion" to choose between concurrent or consecutive sentences. United States v. McCarty, 82 F.3d 943, 950 (10th Cir. 1996). This discretion is guided by the provisions of 18 U.S.C. § 3584(a) and (b) and U.S.S.G. § 5G1.3 setting forth applicable factors to be considered in choosing a sentence. Appellant points to no abuse of the district court's discretion or violation of the statutory and guideline principles committed by the court in sentencing. Indeed, in his Anders brief (Anders v. California, 386 U.S. 738 (1967) ) counsel candidly admits the district court did not err. We agree.

AFFIRMED.

ENTERED FOR THE COURT

John C. Porfilio

Circuit Judge