United States v. Joseph D. Comstock
Court of Appeals for the Eighth Circuit
1Opinion of the Court
HANSEN, Circuit Judge.
Joseph D. Comstock appeals his sentence following his guilty pleas to one count of bank fraud and one count of credit card fraud. Comstock argues that the district court erred in sentencing him to a 30-month term of imprisonment to run consecutively with his two concurrent, undischarged terms of imprisonment for state law convictions. We vacate his sentence and remand for re-sentencing consistent with this opinion.
I
On March 4, 1996, a grand jury returned an indictment against Comstock, alleging four counts of bank fraud in violation of 18 U.S.C. § 1344 (1994), and one…
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