United States v. George Hopkins

OPINION

SHWARTZ, Circuit Judge.

George Hopkins seeks relief pursuant to 28 U.S.C § 2255 based upon a claim that his trial counsel was ineffective by asserting that the sentencing judge lacked the authority to run his federal sentence concurrent with a yet-to-be-imposed state sentence. He asserts that the Supreme Court’s decision in Setser v. United States, -U.S.-, 132 S.Ct. 1463, 182 L.Ed.2d 455 (2012), demonstrates that such authority existed and that he is entitled to relief. Focusing as we must on the law as it existed at the time of sentencing, we conclude that defense counsel was not…