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McCarthy v. Doe, No. 96-2767 (2nd Cir.) (146 F.3d 118) (June 9, 1998) (Judge J. Garvin Murtha)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

McCarthy v. Doe, No. 96-2767 (2nd Cir.) (146 F.3d 118) (June 9, 1998) (Judge J. Garvin Murtha) by After noting that the law governing prisoners subject to multiple sentences is "hardly a model of clarity", the Court flatly rejected, as incorrect, the BOP's interpretation of § 3584(a) - namely that …

U.S. v. Blanc, No. 97-8613 (11th Cir.) (146 F.3d 847) (July 14, 1998) (Judge Stanley Marcus)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Blanc, No. 97-8613 (11th Cir.) (146 F.3d 847) (July 14, 1998) (Judge Stanley Marcus) by The Court held that "two offenses do not constitute a single course of conduct simply because they both involve a fraud" - and concluded that the two fraudulent schemes here (one to sell …

U.S. v. Higgins, No. 97-5006 (3rd Cir.) (128 F.3d 138) (October 17, 1997) (Judge Jane R. Roth)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Higgins, No. 97-5006 (3rd Cir.) (128 F.3d 138) (October 17, 1997) (Judge Jane R. Roth) by In U.S. v. Nottingham, 898 F.2d 390 (3rd Cir. 1990), the Third Circuit held that a previous version of Section 5G1.3(c) was invalid because that section, which mandated consecutive sentences, conflicted with …

U.S. v. Van Thournout, No. 94-1599 (8th Cir.) (100 F.3d 590) (November 13, 1996) (Judge Theodore McMillian)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Van Thournout, No. 94-1599 (8th Cir.) (100 F.3d 590) (November 13, 1996) (Judge Theodore McMillian) by Court held that district court is under no obligation to follow Government's recommendation of concurrent sentences and is free to impose consecutive sentences.

U.S. v. Tatum, No. Cr. No. 3-96-10 (D.Minn.) (938 F.Supp. 542) (August 15, 1996) (Judge Michael James Davis)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Tatum, No. Cr. No. 3-96-10 (D.Minn.) (938 F.Supp. 542) (August 15, 1996) (Judge Michael James Davis) by This is one of those much ado about nothing cases that delves into the labyrinthine thicket of Guidelines law dealing with consecutive versus concurrent sentences when the defendant is already serving …

U.S. v. Tatum, No. Cr. No. 3-96-10 (D.Minn.) (938 F.Supp. 542) (August 15, 1996) (Judge Michael James Davis)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Tatum, No. Cr. No. 3-96-10 (D.Minn.) (938 F.Supp. 542) (August 15, 1996) (Judge Michael James Davis) by This is one of those cases that delves into the labyrinthine thicket of Guidelines law dealing with consecutive versus concurrent sentences when the defendant is already serving an undischarged term of …

U.S. v. Burd, No. 95-1325, No. 699 (2nd Cir.) (86 F.3d 285) (June 12, 1996) (Judge Fred I. Parker)

Article • July 1, 1996 • from P&J July, 1996

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Burd, No. 95-1325, No. 699 (2nd Cir.) (86 F.3d 285) (June 12, 1996) (Judge Fred I. Parker) by This case examines, once again, the authority of the courts to modify illegally imposed sentences after they have been imposed. Here, Judge Mukasey originally sentenced the defendant to 12 concurrent …

U.S. v. Spiers, No. 95-5335 (3rd Cir.) (82 F.3d 1274) (May 2, 1996) (Judge Timothy K. Lewis)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Spiers, No. 95-5335 (3rd Cir.) (82 F.3d 1274) (May 2, 1996) (Judge Timothy K. Lewis) by The district court in this case ordered the defendant to serve a 110-month sentence to run consecutively for a state sentence and the defendant appealed arguing that the new sentence should have …

U.S. v. Mihaly, No. 94-6350 (10th Cir.) (67 F.3d 894) (October 5, 1995) (Judge Stephanie K. Seymour)

Article • November 1, 1995

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Mihaly, No. 94-6350 (10th Cir.) (67 F.3d 894) (October 5, 1995) (Judge Stephanie K. Seymour) by In this case, defense counsel filed an Anders brief stating that the defendant had no meritorious issues to raise on appeal and she moved for permission to withdraw from the case. The …

U.S. v. Hernandez, No. 94-60586 (5th Cir.) (64 F.3d 179) (August 29, 1995) (Per Curiam)

Article • October 1, 1995

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Hernandez, No. 94-60586 (5th Cir.) (64 F.3d 179) (August 29, 1995) (Per Curiam) by In this case, the defendant was serving an 84 month sentence on an unrelated charge when he received a new 120 month sentence. The sentence was imposed consecutively, and the defendant appealed arguing that …

U.S. v. Marsanico, No. 94-3585 (8th Cir.) (61 F.3d 666) (August 3, 1995) (Judge Michael James Davis)

Article • September 1, 1995

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Marsanico, No. 94-3585 (8th Cir.) (61 F.3d 666) (August 3, 1995) (Judge Michael James Davis) by This is a rare case involving § 5G1.3(a) of the Guidelines where the Court vacates a sentence because the district judge refused to sentence the defendant to a concurrent sentence on a …

U.S. v. Holifield, No. 94-3424 (3rd Cir.) (53 F.3d 11) (April 19, 1995) (Judge Anthony J. Scirica)

Article • June 1, 1995

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Holifield, No. 94-3424 (3rd Cir.) (53 F.3d 11) (April 19, 1995) (Judge Anthony J. Scirica) by A Guideline's case involving § 5G1.3, which states that the court shall impose a consecutive sentence "to the extent necessary to achieve a reasonable incremental punishment for the instant offense." Here, on …

U.S. v. Kiefer, No. 93-2247 (8th Cir.) (20 F.3d 874) (April 1, 1994) (Judge James B. Loken)

Article • January 1, 1994

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Kiefer, No. 93-2247 (8th Cir.) (20 F.3d 874) (April 1, 1994) (Judge James B. Loken) by The Court held that requiring the appropriate credit under § 5G1.3(b) for the time spent in State custody on a related, concurrent State sentence was proper - even though the same time …