Monday, June 07, 2010

Consecutive vs. Concurrent Time


Direct Appeal


Defendant appealed the district court’s decision ordering that his 46-month sentence for being a felon in possession of a firearm be served consecutively to an undischarged state sentence on an unrelated conviction for voluntary manslaughter. Court of Appeals affirmed.

The only issue on appeal was the reasonableness of the sentence in terms of its consecutive nature, as opposed to the requested concurrent time. Applying plain-error review to the procedural aspect because objection was not specific, the Appellate Court found no procedural error. A review of the substantive aspect of the sentence, under an abuse of discretion standard, found no abuse.

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