U.S. v. Bowman, CR-17-00280-HE. (2018)
Court: District Court, W.D. Oklahoma
Number: infdco20181109l70
Visitors: 14
Filed: Nov. 08, 2018
Latest Update: Nov. 08, 2018
Summary: ORDER JOE HEATON , Chief District Judge . At the sentencing hearing held October 31, 2018, the court sentenced defendant to 210 months imprisonment as to various counts, requiring those sentences to run concurrently with each other, and to 120 months as to the 924(c)(1)(A) charge (count 2). The court directed that the federal sentences run concurrently with any state sentences imposed in certain specified pending proceedings. The court was then under the impression that the limitation in
Summary: ORDER JOE HEATON , Chief District Judge . At the sentencing hearing held October 31, 2018, the court sentenced defendant to 210 months imprisonment as to various counts, requiring those sentences to run concurrently with each other, and to 120 months as to the 924(c)(1)(A) charge (count 2). The court directed that the federal sentences run concurrently with any state sentences imposed in certain specified pending proceedings. The court was then under the impression that the limitation in ..
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ORDER
JOE HEATON, Chief District Judge.
At the sentencing hearing held October 31, 2018, the court sentenced defendant to 210 months imprisonment as to various counts, requiring those sentences to run concurrently with each other, and to 120 months as to the § 924(c)(1)(A) charge (count 2). The court directed that the federal sentences run concurrently with any state sentences imposed in certain specified pending proceedings. The court was then under the impression that the limitation in 18 U.S.C. § 924(c)(1)(D)(2) — that any term imposed under that section not run concurrently with "any other term of imprisonment" — applied only to other federal sentences. That assumption was incorrect. See United States v. Gonzales, 520 U.S. 1 (1997). The sentence as imposed on October 31, 2018, is therefore VACATED. A further sentencing hearing, directed solely to the impact of the above correction, is set for November 15, 2018, at 2:00 p.m., in Courtroom No. 301.
IT IS SO ORDERED.
Source: Leagle
