United States v. Salvador Lemus-Rodri

ORDER

Salvador Lemus-Rodriguez, a Mexican citizen, was convicted of illegal reentry into the United States in violation of 8 U.S.C. § 1326(a). After a successful appeal of his sentence, the district court resentenced Lemus-Rodriguez to thirty months in prison, half of it to be served concurrently with an unrelated state-court sentence. Lemus-Rodriguez has appealed again, contending that the district court erred in failing to give him credit for the time he spent in federal custody prior to his sentencing. Because Lemus-Rodriguez was receiving credit on a state-court sentence for that time, we…