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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:
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