Montoya v. Johnson

JERRY E. SMITH, Circuit Judge:

When he pleaded guilty, for separate criminal acts, to federal charges of carjacking and state charges of aggravated robbery, Jesse Montoya no doubt would have preferred that his federal and state terms of imprisonment run concurrently. The state court did sentence him concurrently but, importantly, did so before the federal court had issued its sentence. There being no previous federal sentence with which Montoya’s state sentence could run, it was left to the federal court to decide whether to allow his federal sentence to run concurrently with his…