Robert Salley v. United States

JON 0. NEWMAN, Circuit Judge,

concurring in the result:

I concur in the result and write separately to express my respectful disagreement with the view that a sentencing judge has authority to impose a sentence to run consecutively to a sentence that has not yet been imposed.

Imposition of a consecutive sentence is strong medicine. See United States v. Golomb, 754 F.2d 86 (2d Cir.1985). It may well be warranted in some cases. But it should be used only after awareness of a sentence already imposed so that the punitive effect of the consecutive sentence is carefully considered at the time of its…