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Fifth Circuit: Consecutive Sentence for FTA Must Be Part of ‘Total Punishment,’ Not Merely a Stacked Sentence
Loaded on Nov. 15, 2020
published in Criminal Legal News
December, 2020, page 27
Filed under:
Total Punishment,
Concurrent and Consecutive Sentences.
Location:
United States of America.
by Dale Chappell
The U.S. Court of Appeals for the Fifth Circuit held that a mandatory consecutive sentence for a failure to appear (“FTA”) conviction must be calculated as part of the “total punishment,” not merely a stacked sentence, in order to adhere to the U.S. Sentencing Guidelines (“USSG”).
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- Sixth Circuit: Sentence Procedurally Unreasonable Where District Court Failed to Explain Decision to Impose Consecutive Sentences and Substantively Unreasonable Where Court Improperly Weighed Sentencing Factors, Oct. 1, 2023. Failure to Explain Consequences, Concurrent and Consecutive Sentences, Impermissible Factors.
- Supreme Court of California: After Amendments to Three Strikes Law, Courts Retain Concurrent Sentencing Discretion for Qualifying Offenses Committed on Same Occasion or Arising From Same Operative Facts, Sept. 1, 2023. Three Strikes, Three Strikes Statutes/Rule, Concurrent and Consecutive Sentences.
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- Montana Supreme Court Grants State Prisoner 604 Days in Sentence Credit, April 1, 2023. Credits, Concurrent and Consecutive Sentences.
- Michigan Supreme Court Announces Court Must Inform Defendant of Consecutive Sentencing Authority When Accepting Plea, July 15, 2020. Concurrent and Consecutive Sentences, Plea Agreements/Guilty Pleas.
- U.S. v. Almonte-Reyes, No. 13-1934 (1st Cir.) (814 F.3d 24) (February 18, 2016) (Judge Sandra L. Lynch), Feb. 22, 2016. Punch And Jurists, Concurrent and Consecutive Sentences.
- U.S. v. Donoso, No. 07-0635-cr (2nd Cir.) (521 F.3d 144) (April 3, 2008) (Per Curiam), May 1, 2008. Punch And Jurists, Concurrent and Consecutive Sentences.
