Legal Opinion

UNITED STATES of America, Plaintiff-Appellee, v. Donald William KIMBLE, Defendant-Appellant

Court of Appeals for the Ninth Circuit

Decided February 19, 1997No. 95-30253PublishedCited by 64 opinions

1Opinion of the Court

TASHIMA, Circuit Judge:

This case requires us to decide whether U.S.S.G. § 5G1.3(b), which requires the imposition of a concurrent sentence in certain circumstances, applies where at least one of a defendant’s undischarged prison terms is not related to the instant offense. We hold that it does not.

I. Background

Donald W. Kimble entered guilty pleas to two counts of making a false statement during the acquisition of a firearm in violation of 18 U.S.C. §§ 922(a)(6) & 924(a)(1)(B). Kim-ble was sentenced to 60 months on each count, to be served consecutively. This sentence was ordered to run…

2Cases cited5 opinions

  1. Samuel Martinez-Serrano v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1996
  2. Witte v. United StatesSupreme Court of the United States · 1995
  3. United States v. OgbuehiCourt of Appeals for the Ninth Circuit · 1994
  4. United States v. Joshua Carl RedmanCourt of Appeals for the Ninth Circuit · 1994
  5. United States v. Anthony Scott DrakeCourt of Appeals for the Ninth Circuit · 1995

3Cited by64 opinions

  1. United States v. StoterauCourt of Appeals for the Ninth Circuit · 2008
  2. Caremark, LLC v. Chickasaw NationCourt of Appeals for the Ninth Circuit · 2022
  3. United States v. Berber-TinocoCourt of Appeals for the Ninth Circuit · 2007
  4. United States v. Velasquez-BosqueCourt of Appeals for the Ninth Circuit · 2010
  5. United States v. Anthony K. RouseCourt of Appeals for the Fourth Circuit · 2004

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