United States Seventh Circuit

In a conviction of defendant for distributing more than 50 grams of cocaine base, district court's imposition of a 120-month sentence, in believing that it was required by U.S.S.G. section 5G1.3(c) to impose the sentence as part of the federal sentence, because defendant's state offense (for which defendant had already served 18 months of at the time of his federal sentencing) was unrelated to his federal offense, is vacated and remanded as, section 5G1.3(b) does not apply to this case as the governing statute for these purposes is 18 U.S.C. section 3584(a) which gives a district court the discretion to impose a term of imprisonment either concurrently or consecutively to a prior undischarged term, taking into consideration the factors enumerated in 18 U.S.C. section 3553(a).

Appellate Information

• Decided 09/02/2010
• Published 09/02/2010

Judges

• WOOD

Court

• United States Seventh Circuit

Counsel