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SETSER v. UNITED STATES

Docket No.: 10-7387
Certiorari Granted: 06/13/11
Argued: November 30, 2011
Decided: 03/28/12

Topics:

Article I, Sentencing Guidelines, United States Sentencing Guidelines, abuse of discretion, habeas, habeas corpus, judicial review, sentencing guidelines

PartyNames: Monroe Ace Setser v. United States
Petitioner: Monroe Ace Setser
Respondent: United States

Court Below: United States Court of Appeals for the Fifth Circuit
Citation: 607 F.3d 128

Monroe Ace Setser
v.
United States
Question Presented:

I Does a district court have authority to order a federal sentence to run consecutive to an anticipated, but not-yet-imposed, state sentence? II Is it reasonable for a district court to provide inconsistent instructions about how a federal sentence should interact with state sentences?

Question:

Did the district court err by directing that petitioner's federal sentence be served consecutively to a state sentence that had not yet been imposed?

Note:

I Does a district court have authority to order a federal sentence to run consecutive to an anticipated, but not-yet-imposed, state sentence? II Is it reasonable for a district court to provide inconsistent instructions about how a federal sentence should interact with state sentences?

SETSER v. UNITED STATES
ORAL ARGUMENT

11/30/11

Listen to Oral Argument in SETSER v. UNITED STATES
Holding: AFFIRMED
Vote: 6-3
Majority: Scalia,Roberts,Thomas,Alito,Sotomayor,Kagan
Dissenting: Breyer, Kennedy, Ginsburg
Opinion By:

SETSER v. UNITED STATES
Case Documents

1SETSER v. UNITED STATES Oral Argument Audio (November 30, 2011)
2Opinion in SETSER v. UNITED STATES
3SETSER v. UNITED STATES Oral Argument Transcript (HTML)
4SETSER v. UNITED STATES Oral Argument Audio
5SETSER v. UNITED STATES Oral Argument Transcript (PDF)