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United States Second Circuit

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US v. Olmeda, 15-3449

Sentence vacated and remanded. Defendant was convicted of multiple firearm offenses and was sentenced to 151-sentence. Defendant appealed arguing that his federal sentence should run concurrent to any state sentence where the state charges are pending, pursuant to Federal Sentencing Guidelines, USSG section 5G.3(c). The 2nd Circuit held that section 5G1.3(c) applies where state charges are pending, but have not yet been subject to a trial or guilty plea at the time of federal sentencing.

Appellate Information

  • Decided
  • Published 2018/06/22

Judges

  • PER CURIAM

Court

  • United States Second Circuit

Counsel

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