United States v. Jose Martin Barker

I join in the per curiam opinion. However, with respect to the use of the concurrent sentence doctrine,1 I do so reluctantly and only because the defendant did not oppose the government’s suggestion that it be applied.2 I believe that some explanation of the reasons for my reluctance is required.

Since Benton v. Maryland, 395 U.S. 784, 89 S.Ct. 2056, 23 L.Ed.2d 707 (1969), the law with respect to the concurrent sentence doctrine has been in a state of confusion. In Benton, the Court held that the doctrine does not constitute a jurisdictional bar to review. Id. at 791, 89 S.Ct. at 2060.…