Legal Opinion

Setser v. United States

Supreme Court of the United States

Decided March 28, 2012No. 10-7387PublishedCited by 339 opinions

1Opinion of the CourtJustice Scalia

We consider whether a district court, in sentencing a defendant for a federal offense, has authority to order that the federal sentence be consecutive to an anticipated state sentence that has not yet been imposed.

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When officers of the Lubbock Police Department arrested petitioner Monroe Setser for possessing methamphetamine, he was already serving a 5-year term of probation imposed by a.Texas court for another drug offense. Setser was indicted in state court for possession with intent to deliver a controlled substance, and the State also moved to revoke his term of probation. As often…

2Cases cited14 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. New Orleans Public Service, Inc. v. Council of City of New OrleansSupreme Court of the United States · 1989
  4. United States v. MenascheSupreme Court of the United States · 1955
  5. Oregon v. IceSupreme Court of the United States · 2009

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3Cited by339 opinions

  1. United States v. Ryan KibbleCourt of Appeals for the Fourth Circuit · 2021
  2. POM Wonderful LLC v. Coca-Cola Co.Supreme Court of the United States · 2014
  3. Pope v. PerdueCourt of Appeals for the Seventh Circuit · 2018
  4. Sudler v. City of New YorkCourt of Appeals for the Second Circuit · 2012
  5. United States v. Jaimie PankowCourt of Appeals for the Seventh Circuit · 2018

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