United States Sixth Circuit

Treating U.S.S.G. section 5G1.3(c) as leaving the district court without discretion to impose a federal sentence concurrent or partially concurrent with an undischarged term of state imprisonment is reversible error requiring a remand for resentencing.

Appellate Information

• Decided 10/29/2007
• Published 10/29/2007

Judges

• Before:  BATCHELDER and GILMAN, Circuit Judges;  STAFFORD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michael Robert Bartish, Willey & Chamberlain, Grand Rapids, Michigan, for Appellant.  Michael L. Schipper, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.   ON BRIEF:  Michael Robert Bartish, Willey & Chamberlain, Grand Rapids, Michigan, for Appellant.   Michael L. Schipper, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.   Timothy Allen Gibbs, Muskegon, Michigan, pro se.