United States v. Jose Antonio Gonzalez-Murillo

Of course, we are bound to apply the law as it is written. So that is what we do. Here, what the Sentencing Guidelines require is clear and unambiguous. I write separately to note only that the apparent incongruity of results between §§ 5G1.3 and 5K2.23 seems out of line with the purpose of § 5G1.3.

As we have indicated, the Supreme Court has described § 5G1.3 as an “attempt] to achieve some coordination of sentences imposed [where separate prosecutions occur based in part on the same relevant conduct] with an eye toward having such punishments approximate the total penalty that would have…