Argued: May 12, 2015.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. (5:12-cr-00268-D-1). James C. Dever III, Chief District Judge.
Scott L. Wilkinson, SCOTT L. WILKINSON & ASSOCIATES, P.C., Raleigh, North Carolina, for Appellant.
Jennifer P. May-Parker, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
Thomas G. Walker, United States Attorney, Yvonne V. Watford-McKinney, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
Before MOTZ, KING, and THACKER, Circuit Judges. Judge Motz wrote the opinion, in which Judge King and Judge Thacker joined.
DIANA GRIBBON MOTZ, Circuit Judge:
Gregory Devon Obey pled guilty, pursuant to a written plea agreement, to distribution of cocaine and aiding and abetting in its distribution. The district court sentenced him to 240 months' imprisonment, and directed that this sentence " run consecutive to any other State or Federal sentence." On appeal, Obey contends that the Government breached the plea agreement in making its sentencing recommendation, and that the district court lacked the authority to order that his sentence run consecutively to any future sentence. Finding no reversible error, we affirm.
In January 2013, a federal jury convicted Obey of multiple counts involving the distribution of cocaine and cocaine base. The district court sentenced him to a total of 540 months' imprisonment. While Obey's appeal was pending, the Government filed an unopposed motion to remand the case for a new trial because of a Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972), error. We granted the motion, vacated Obey's convictions and sentence, and remanded the case to the district court for a new trial.
On remand, Obey entered a plea of guilty to cocaine distribution and aiding and abetting in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. In a written plea agreement, Obey waived his ...