Legal Opinion

United States v. Lymon

Court of Appeals for the Tenth Circuit

Decided October 2, 2018No. 17-2077PublishedCited by 3 opinions

1Opinion of the Court

EBEL, Circuit Judge.

Defendant Davon Lymon challenges the procedure by which the district court decided to order the three federal sentences imposed in this case to be consecutive. In particular, although U.S.S.G. § 5G1.2 indicated Lymon's sentences should run concurrently, the district court instead imposed them consecutively, citing 18 U.S.C. § 3584 . The court did not procedurally err because the sentencing guidelines are only advisory, the district court considered the guidelines' recommendation before exercising its discretion under § 3584 to order consecutive sentences, and the court…

2Cases cited19 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. Pepper v. United StatesSupreme Court of the United States · 2011
  4. Irizarry v. United StatesSupreme Court of the United States · 2008
  5. Setser v. United StatesSupreme Court of the United States · 2012

14 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. United States v. Biggs FarleyCourt of Appeals for the Tenth Circuit · 2022
  2. United States of America v. Darion HolmesDistrict Court, W.D. Oklahoma · 2026
  3. United States v. Gallardo-MedinaCourt of Appeals for the Tenth Circuit · 2019

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