U.S. v. Garmon, 3:08-cr-00256-RJC. (2018)
Court: District Court, W.D. North Carolina
Number: infdco20180830d84
Visitors: 7
Filed: Aug. 29, 2018
Latest Update: Aug. 29, 2018
Summary: ORDER ROBERT J. CONRAD, JR. , District Judge . THIS MATTER is before the Court upon motion of the defendant pro se requesting that the Court revoke his supervised release and sentence him in absentia concurrently with a state sentence he is serving. (Doc. No. 77). The government opposes a concurrent sentence, noting that USSG 7B1.3 calls for consecutive sentence in these circumstances. (Doc. No. 79: Response at 2-3). Because the defendant's waiver of his appearance is conditioned upon re
Summary: ORDER ROBERT J. CONRAD, JR. , District Judge . THIS MATTER is before the Court upon motion of the defendant pro se requesting that the Court revoke his supervised release and sentence him in absentia concurrently with a state sentence he is serving. (Doc. No. 77). The government opposes a concurrent sentence, noting that USSG 7B1.3 calls for consecutive sentence in these circumstances. (Doc. No. 79: Response at 2-3). Because the defendant's waiver of his appearance is conditioned upon rec..
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ORDER
ROBERT J. CONRAD, JR., District Judge.
THIS MATTER is before the Court upon motion of the defendant pro se requesting that the Court revoke his supervised release and sentence him in absentia concurrently with a state sentence he is serving. (Doc. No. 77).
The government opposes a concurrent sentence, noting that USSG §7B1.3 calls for consecutive sentence in these circumstances. (Doc. No. 79: Response at 2-3). Because the defendant's waiver of his appearance is conditioned upon receiving a concurrent sentence, (Doc. No. 77: Motion at 3), it appears that a hearing will be necessary when he is brought into federal custody.
IT IS, THEREFORE, ORDERED that the defendant's motion (Doc. No. 77) is DENIED.
The Clerk is directed to certify copies of this order to the defendant, the United States Attorney, the United States Probation Office, and the United States Marshals Service.
Source: Leagle
