UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

PHILLIP L. HUGGINS,

Defendant-Appellant.	No. 99-3354

(D.C. No. 95-CR-10111-MLB)

(Kansas)

ORDER AND JUDGMENT*

Before SEYMOUR, Chief Judge, EBEL, and MURPHY, Circuit Judges.

Phillip L. Huggins was convicted in a separate proceeding of six counts of distributing crack cocaine and one count of possessing crack cocaine with intent to distribute. He appealed his conviction and sentence in that proceeding in appeal number 00-3002. As a result of that conviction, his supervised release on a previous firearms conviction was revoked and he was sentenced to sixteen months incarceration to be served consecutively to the sentence he received in the drug case.

Mr. Huggins now appeals the sentence imposed following revocation of his supervised release, arguing that if his drug conviction in case number 00-3002 is reversed on appeal he may be entitled to be resentenced in the supervised release proceeding. Mr. Huggins concedes in this appeal that if we affirm his conviction on the drug counts, "the sentence in this case should be affirmed." Br. of Aplt., at 8. We affirmed his conviction and sentence in case 00-3002. See United States v. Huggins, No. 00-3002, 2000 WL 1820477 (10th Cir. Dec. 12, 2000). Accordingly, we AFFIRM the sentence imposed upon revocation of his supervised release.1

ENTERED FOR THE COURT

Stephanie K. Seymour

Chief Judge