U.S. v. Garcia, No. 01-51150 (5th Cir.) (322 F.3d 842) (February 20, 2003) (Judge Carl E. Stewart)
Loaded on April 1, 2003
published in Punch and Jurists
April 14, 2003
Filed under:
Punch And Jurists,
Concurrent and Consecutive Sentences.
U.S.S.G. § 5G1.2(d) requires that the district court impose consecutive sentences to equal the "total punishment" prescribed by the guidelines, when the maximum sentence required by the substantive criminal statute falls short of the minimum sentence required by the applicable Sentencing Guideline range.
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More from this issue:
- Kaupp v. Texas, No. 02-5636 (U.S. Supreme Court) (538 U.S. 626; 123 S.Ct. 1843) (May 5, 2003) (Per Curiam)
- U.S. v. Bynum, No. 02-10016 (9th Cir.) (327 F.3d 986) (April 30, 2003) (Judge Arthur L. Alarcon)
- Modrowski v. Mote, No. 02-1804 (7th Cir.) (322 F.3d 965) (March 10, 2003) (Judge Michael S. Kanne)
- U.S. v. Garcia, No. 01-51150 (5th Cir.) (322 F.3d 842) (February 20, 2003) (Judge Carl E. Stewart)
- Silveira v. Lockyer, No. 01-15098 (9th Cir.) (328 F.3d 567) (May 6, 2003) (Per Curiam)
- Longenette v. Krusing, No. 00-3690 (3rd Cir.) (322 F.3d 758) (March 7, 2003) (Judge Anthony J. Scirica)
- U.S. v. Escamilla, No. CR.A.B093015109 (S.D.Tex.) (244 F.Supp.2d 761) (January 29, 2003) (Judge Andrew S. Hanen)
More from these topics:
- SCOTUS Announces Single Act Violating Both 18 U.S.C. §§ 924(c)(1)(A)(i) and 924(j) May Result in Only One Conviction, Ruling Congress Did Not Clearly Express Intent to Overcome Blockburger Presumption Against Cumulative Punishment for Same Offense, Feb. 1, 2026. Double jeopardy, Gun Laws/Crimes, Sentences - Authorized, Multiple/Multiplicious Counts, Concurrent and Consecutive Sentences.
- Supreme Court of Maryland Announces Division of Correction Must Immediately Apply Time-Served Credit Against Valid Sentences When Convictions Are Vacated and May Not Toll Execution Pending Reprosecution; New Sentences Arising From New Convictions Take, Jan. 1, 2026. Habeas Corpus, Overdetention, Effect of Vacatur, Credits, Concurrent and Consecutive Sentences.
- Nebraska Supreme Court Clarifies Procedure for Crediting Jail Time to Multiple Contemporaneously-Imposed Sentences, Aug. 1, 2025. Good Time, Credits, Concurrent and Consecutive Sentences.
- California Appellate Court: Custody Credits Must be Applied to Concurrent Terms in Multiple Open Cases, June 1, 2025. Credits, Concurrent and Consecutive Sentences.
- 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.