Legal Opinion

United States v. Toni Stewart

Court of Appeals for the Sixth Circuit

Decided October 29, 1990No. 89-2401PublishedCited by 31 opinions

1Opinion of the Court

LIVELY, Senior Circuit Judge.

This appeal requires us to reconcile an apparent conflict between a statute, 18 U.S.C. § 3584(a) (1988), and a provision of the United States Sentencing Guidelines, Guideline § 5G1.3. More specifically, we must determine whether a district court retains discretion to impose a concurrent sentence on an offender who commits a crime while serving an unexpired sentence for an unrelated offense. We conclude that the district court does retain this discretion, and vacate the sentence in the present case.

I

A

Toni Stewart failed to return to a halfway house at the appointed…

2Cases cited9 opinions

  1. United States v. Robin F. WillsCourt of Appeals for the Ninth Circuit · 1989
  2. United States v. Gwendolyn FossettCourt of Appeals for the Eleventh Circuit · 1989
  3. United States v. John Timothy MillerCourt of Appeals for the Fifth Circuit · 1990
  4. United States v. Robert Andrew NottinghamCourt of Appeals for the Third Circuit · 1990
  5. United States v. Estelle RogersCourt of Appeals for the Fourth Circuit · 1990

4 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. United States of America, and Cross-Appellee v. Robert J. Shewmaker, Sr., and Cross-AppellantCourt of Appeals for the Tenth Circuit · 1991
  2. United States v. James Earl LandersCourt of Appeals for the Sixth Circuit · 1994
  3. United States v. Harlan Brent GullicksonCourt of Appeals for the Eighth Circuit · 1992
  4. United States v. Richard D. Pedrioli, (Two Cases)Court of Appeals for the Ninth Circuit · 1991
  5. United States v. John G. FlowersCourt of Appeals for the First Circuit · 1993

26 more not listed; retrieve them via the Exa API.

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