federal and state sentences run concurrently
Thus, Sharpe is really seeking to modify his state sentence on the ground that it should (or should have) run concurrently with his federal sentence. Whalen, 962 F.2d at 362 (neither court ordered its sentence to run concurrently, hence the rest of the majority opinion is dictum [**69] ); Smith, 812 F. Supp. The difficulty arises not from the sentence, but from the state court’s decision to make both state sentences concurrent. 15-6.3 even suggests that the judge has the express authority under North Carolina law to order the state sentence to be served in federal prison, concurrently with the previously imposed federal sentence… Credit would be given by BOP for February 5, 2000. If the defendant is presented pursuant to a federal writ, the state maintains primary defendant, the Bureau of Prisons applies a presumption that the federal sentence will run consecutively with the state sentence regardless of which sentence was imposed first . A subsequent state sentence could be ordered to run concurrent or consecutive with the federal sentence. The defendant only has 4 months remaining on the state sentence. One month prior to the end of the state sentence, the state charges the defendant in a new indictment. the state sentence to run concurrently with the already imposed federal sentence. Sharpe’s federal sentence has expired and he is now serving a state-court sentence. Usual rule — No prior custody credit on federal sentence for time credited towards state sentence. sentencing purposes and the defendant will receive presentence credit toward a federal sentence. One year later, the defendant pleads guilty and receives a new sentence to run concurrent to the FED sentence. § 5G1.3(b)(2); and (iii) order the federal sentence to also run concurrently with the yet-to-be-imposed state parole violation sentence (a practice authorized by Setser v. That is a matter for Pennsylvania authorities, not the federal courts.” See: United States v. Setser is ordered to serve a 151-month term in federal custody, and that sentence should run concurrently with one state sentence and consecutively with another. Rivers, 329 F.3d 119 (2d Cir. In Setser, however, the Supreme Court adopted a contrary interpretation of Section 3584(a), holding that district courts were permitted to order a federal sentence to run consecutively “where a federal judge anticipates a state sentence that has not yet been imposed.” 566 U.S. at 236-37. State sentence is primary. That is the statute that is used to determine the sentence anyway, so no new analysis is necessary. G.S. § 3584, the federal sentencing judge may specifically order the federal sentence to run consecutively with a state sentence. There is a little guidance for judges to determine if the sentences should run consecutively or concurrently—a reference back to 3553(a). The Sentencing Guidelines The Federal Bureau of Prisons, however, will not honor a state judge's order that the state sentence run concurrent to federal sentence. State is primary custodian — responsible for last arrest without relinquishment of jurisdiction. Federal sentence may be consecutive or concurrent to state term. 2003); (ii) order the federal sentence to run concurrently with the remainder of the already-imposed state sentence, per U.S.S.G. Under 1815 U.S.C.