U.S. v. Swan, No. 01-1598 (3rd Cir.) (275 F.3d 272) (January 2, 2002) (Judge Marjorie O. Rendell)
Loaded on Jan. 1, 2002
published in Punch and Jurists
February 04, 2002
Filed under:
Punch And Jurists,
Concurrent and Consecutive Sentences.
On an issue of first impression in the Third Circuit (but one which has divided the other Circuits) the court held that despite the “should” language Section 5G1.3(c) of the Sentencing Guidelines and the accompanying Application Note 6, the Guidelines do not mandate that a sentencing court impose consecutive sentences ...
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More from this issue:
- U.S. v. Singleton, No. 00-0105(PLF) (D.D.C.) (177 F.Supp.2d 31) (December 4, 2001) (Judge Paul L. Friedman)
- U.S. v. Nelson, No. Civ. No. 01-3264-KHV (D.Kan.) (177 F.Supp.2d 1181) (November 7, 2001) (Judge Kathryn H. Vratil)
- U.S. v. Syme, No. 00-5172 (3rd Cir.) (276 F.3d 131) (January 7, 2002) (Judge Edward R. Becker)
- U.S. v. Bockius, No. CRIM.A.97-0250-01 (E.D.Pa.) (177 F.Supp.2d 353) (August 9, 2001) (Judge Herbert J. Hutton)
- U.S. v. Singleton, No. CRIM. 00-0105(PLF) (D.D.C.) (177 F.Supp.2d 12) (December 4, 2001) (Judge Paul L. Friedman)
- U.S. v. 16328 South 43rd East Avenue, No. 00-5117 (10th Cir.) (275 F.3d 1281) (January 10, 2002) (Judge Deanell R. Tacha)
- U.S. v. Oliveros, No. 00-13390 (11th Cir.) (275 F.3d 1299) (December 17, 2001) (Judge Edward E. Carnes)
- U.S. v. Orso, No. 99-50328 (9th Cir.) (275 F.3d 1190) (December 28, 2001) (Per Curiam)
- U.S. v. Perkins, No. P-00-CR-270 (W.D.Tex.) (177 F.Supp.2d 570) (December 18, 2001) (Judge W. Royal Furgeson)
- U.S. v. Mills, No. 98-CR-166 (E.D.Wisc.) (186 F.Supp.2d 965) (January 31, 2002) (Judge Lynn S. Adelman)
- U.S. v. Rodgers, No. 01-CR-37 (E.D.Wisc.) (186 F.Supp.2d 971) (February 8, 2002) (Judge Lynn S. Adelman)
- U.S. v. King, No. 01-1141 (2nd Cir.) (276 F.3d 109) (January 2, 2002) (Judge Joseph M. McLaughlin)
- U.S. v. Norris, No. 01-1347L (2nd Cir.) (281 F.3d 357) (February 19, 2002) (Judge Jon O. Newman)
- U.S. v. Swan, No. 01-1598 (3rd Cir.) (275 F.3d 272) (January 2, 2002) (Judge Marjorie O. Rendell)
More from these topics:
- California Court of Appeal Strikes Prison Prior Enhancement for Invalid Predicate Offense Under § 1172.75 Despite Concurrently Served Valid Predicate, Feb. 1, 2025. Sentence Enhancements/Departures, Predicate Acts/Offenses, Concurrent and Consecutive Sentences.
- Washington Supreme Court: Nonexceptional Consecutive Terms of ‘Community Custody’ May Not Exceed Aggregate Term of 24 Months, May 15, 2024. Parole, Probation, Parole & Supervised Release, Concurrent and Consecutive Sentences, Multiple Sentences, Aggregate Sentence.
- Sixth Circuit: Sentence Procedurally Unreasonable Where District Court Failed to Explain Decision to Impose Consecutive Sentences and Substantively Unreasonable Where Court Improperly Weighed Sentencing Factors, Oct. 1, 2023. Failure to Explain Consequences, Concurrent and Consecutive Sentences, Impermissible Factors.
- Supreme Court of California: After Amendments to Three Strikes Law, Courts Retain Concurrent Sentencing Discretion for Qualifying Offenses Committed on Same Occasion or Arising From Same Operative Facts, Sept. 1, 2023. Three Strikes, Three Strikes Statutes/Rule, Concurrent and Consecutive Sentences.
- SCOTUS Announces § 924(c)(1)(D)(ii)’s Consecutive Sentence Mandate Not Applicable to § 924(j) Sentences, Aug. 1, 2023. Murder/Felony Murder, Concurrent and Consecutive Sentences.
- Hawaii Supreme Court Rules That Time Served for Concurrent Sentences Can Be Counted Only Once for Sentence Credit, April 24, 2023. Credits, Concurrent and Consecutive Sentences.
- Montana Supreme Court Grants State Prisoner 604 Days in Sentence Credit, April 1, 2023. Credits, Concurrent and Consecutive Sentences.
- Fifth Circuit: Consecutive Sentence for FTA Must Be Part of ‘Total Punishment,’ Not Merely a Stacked Sentence, Nov. 15, 2020. Total Punishment, Concurrent and Consecutive Sentences.
- Michigan Supreme Court Announces Court Must Inform Defendant of Consecutive Sentencing Authority When Accepting Plea, July 15, 2020. Concurrent and Consecutive Sentences, Plea Agreements/Guilty Pleas.
- Mattox v. U.S., No. 667 (U.S. Supreme Court) (156 U.S. 237; 15 S.Ct. 337) (February 4, 1995) (Justice Brown), March 27, 2019. Punch And Jurists, Confrontation Clause/Rights.