Legal Opinion
John J. McCarthy v. John Doe, Director of the Federal Bureau of Prisons Kathleen M. Hawk, Director Joe Aguirre, Chief T.Y. Butt, Administrator
Court of Appeals for the Second Circuit
Decided June 9, 1998No. 96-2767PublishedCited by 47 opinions
1Opinion of the Court
MURTHA, Chief District Judge:
This appeal raises a narrow but important sentencing question: Where a sentencing court does not indicate whether a federal ■sentence should be served consecutively to or concurrently with a not-yet-imposed state sentence, does the Bureau of Prisons have discretion to designate the state correctional facility as the place of confinement for the federal sentence, thus allowing the federal and state sentences to run concurrently? We hold that it does.
I. Background
In late 1992, petitioner was in the custody of the State of Connecticut, facing numerous state criminal…
2Cases cited6 opinions
- Kevin L. Barden v. Patrick Keohane, WardenCourt of Appeals for the Third Circuit · 1991
- United States v. Gregory SackingerCourt of Appeals for the Second Circuit · 1983
- United States v. Johnny Frank WilliamsCourt of Appeals for the Tenth Circuit · 1995
- Robert Salley v. United StatesCourt of Appeals for the Second Circuit · 1986
- United States v. Robert PineyroCourt of Appeals for the Second Circuit · 1997
1 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Elliott Levine v. Craig ApkerCourt of Appeals for the Second Circuit · 2006
- Ronald Romandine v. United StatesCourt of Appeals for the Seventh Circuit · 2000
- Rogers v. United StatesCourt of Appeals for the First Circuit · 1999
- United States v. Darin QuinteroCourt of Appeals for the Sixth Circuit · 1998
- Iacaboni v. United StatesDistrict Court, D. Massachusetts · 2003
42 more not listed; retrieve them via the Exa API.