Archive | consecutive

Monday, April 3rd, 2017

Unanimous Supreme Court: District Court Can Consider Length of Consecutive Sentence in Imposing Sentence on the Underlying Offense

Today in Dean v. United States, the Supreme Court unanimously held that a district court may consider the consecutive mandatory sentence required under 18 U.S.C. 924(c) when imposing the sentence to be served on the underlying offense.  You can access the opinion here.  The length of the mandatory consecutive sentence bears on the factors to be considered under 18 U.S.C. 3553(a), such as the need to protect the public and to provide adequate deterrence.

“Nothing in § 924(c) restricts the authority conferred on sentencing courts by § 3553(a) and the related provisions to consider a sentence imposed under § 924(c) when calculating a just sentence for the predicate count,” the Court explained.  In other words, “nothing . . . prevents a district court from imposing a 30-year mandatory minimum sentence under § 924(c) and a one-day sentence for the predicate violent or drug trafficking crime, provided those terms …

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Categories: consecutive, mandatory minimum, sentencing

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Friday, April 4th, 2008

Consecutive Privilege

United States v. Donoso, No. 07-0635-cr (2d Cir. April 3, 2008) (McLaughlin, Hall, CJJ, Sand, DJ) (per curiam)

Resolving an open question in this circuit, the court here holds that, under 18 U.S.C. § 3584(a), a district judge cannot order the federal sentence to run consecutively to another sentence that has not yet been imposed.

Facts: Richard Donoso violated his federal supervised release by committing a state offense. He pled guilty in state court, then came into federal court and admitted the supervised release violation. Judge Spatt sentenced him to 24 months’ imprisonment and ordered it to run consecutively to the state sentence. Donoso was not sentenced in the state case, however, until the next day. A few days later, Judge Spatt recalled the case, questioning whether he had the power to impose a consecutive sentence before the state sentence had been imposed. Invoking Fed.R.Cr.Proc. 35(a), and over objection, he …

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Categories: concurrent, consecutive, sentencing, Uncategorized

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