Harling v. United States

BELSON, Associate Judge:

This appeal presents the question whether the trial court, in a case in which it imposes concurrent sentences for felony murder and premeditated murder convictions arising out of a single killing, may impose sentences for the felonies underlying the felony murder conviction which are consecutive to the two concurrent murder sentences. We hold that under the circumstances present here the imposition of consecutive sentences for felony murder and the underlying felonies is prohibited by the holding of the United States Supreme Court in Whalen v. United States, 445 U.S.…