Legal Opinion
United States v. Almonte-Reyes
Court of Appeals for the First Circuit
Decided February 18, 2016No. 13-1934PPublishedCited by 11 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
In this case of first impression in this circuit, we face a question the Supreme Court expressly left open in Setser v. United States, — U.S. -, 132 S.Ct. 1463, 182 L.Ed.2d 455 (2012): whether a federal sentence may be ordered to be consecutive to another federal sentence that is anticipated but not yet imposed. We conclude that it may not. We reverse and remand for resentencing.
I
On October 4, 2012, Heriberto Almonte-Reyes pleaded guilty in the District of Puerto Rico to conspiracy to import a hundred grams or more of heroin, in violation of 21 U.S.C. §§ 952(a),…
2Cases cited15 opinions
- Mistretta v. United StatesSupreme Court of the United States · 1989
- New Orleans Public Service, Inc. v. Council of City of New OrleansSupreme Court of the United States · 1989
- Iverson v. City of BostonCourt of Appeals for the First Circuit · 2006
- Setser v. United StatesSupreme Court of the United States · 2012
- United States v. Soto-RiveraCourt of Appeals for the First Circuit · 2016
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3Cited by11 opinions
- United States v. Tanco-PizarroCourt of Appeals for the First Circuit · 2018
- United States v. Gierbolini-RiveraCourt of Appeals for the First Circuit · 2018
- United States v. Pedroza-OrengoCourt of Appeals for the First Circuit · 2016
- United States v. Canales-RamosCourt of Appeals for the First Circuit · 2021
- United States v. Pierre WatsonCourt of Appeals for the Eighth Circuit · 2016
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