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Setser v. US, 10-7387

In a case in which the federal district court imposed a 151-month sentence on a drug charge, to run consecutively to any state sentence imposed for a probation violation, but concurrently with any state sentence imposed on the drug charge, the Fifth Circuit's upholding of the sentence is affirmed, where: 1) the district court had discretion to order that the defendant's federal sentence run consecutively to his anticipated state sentence for the probation violation, rather than the Bureau of Prisons after the federal sentence had been imposed; and 2) the state court's subsequent decision to make the state sentences run concurrently did not establish that the federal district court imposed an unreasonable sentence.

Appellate Information

  • Decided 03/28/2012
  • Published 03/28/2012

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  • Scalia

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  • United States Supreme Court

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