United States DC Circuit

District court did not err in deciding to run defendant's new sentence consecutively to his old one. U.S.S.G. section 5G1.3(b)'s requirement of concurrent sentencing is limited to cases in which the earlier offense is considered relevant conduct with respect to the instant offense; as that subsection is inapplicable here, section 5G1.3(c) gave the court the discretion to impose the sentence consecutively.

Appellate Information

• Argued 11/18/2003
• Decided 02/27/2004
• Published 02/27/2004

Judges

• Before:  SENTELLE and GARLAND, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Jensen E. Barber II, appointed by the court, argued the cause and filed the brief for appellant.


• For Appellees:
  
• Jessie K. Liu, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and John R. Fisher, Roy W. McLeese III, and Kristina L. Ament, Assistant U.S. Attorneys.