USA v. Johnny Claude Slaton, No. 07-14114 (11th Cir. 2008)
Annotate this Case
Download PDF
[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 07-14114 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT October 1, 2008 THOMAS K. KAHN CLERK D.C. Docket No. 06-00043-CR-WCO-2 UNITED STATES OF AMERICA, Plaintiff Appellee, versus JOHNNY CLAUDE SLATON, a.k.a. Johnny Claude Cooper, a.k.a. Johnny Cooper, etc., Defendant Appellant. ________________________ Appeal from the United States District Court for the Northern District of Georgia _________________________ (October 1, 2008) Before CARNES, BARKETT and PRYOR, Circuit Judges. PER CURIAM: Johnny Slaton appeals his low-end, guideline range 188-month sentence for being a felon in possession of a firearm. At sentencing, Slaton requested that the district court exercise its authority to impose a sentence that would run concurrent to his undischarged state court sentence pursuant to U.S.S.G. § 5G1.3, but the district court refused to designate the sentence as concurrent or consecutive based on its conclusion that the Bureau of Prisons, not the court, was authorized to make the determination and that § 5G1.3 did not apply. As imposed, Slaton s sentence runs consecutive to his state court sentence by statute. Having reviewed the record and the briefs of the parties, we conclude that the district court erred in its failure to recognize its authority to impose Slaton s sentence as running concurrent to his state sentence under 18 U.S.C. § 3584 and in its refusal to consider subparagraph (c) of § 5G1.3 in fashioning Slaton s sentence. Under § 3584, the district court may order multiple terms of imprisonment imposed at different times to run concurrently. 18 U.S.C. § 3584(a). In determining whether to impose a concurrent or consecutive sentence, the district court must consider the factors set forth in 18 U.S.C. § 3553(a), which incorporate U.S.S.G. § 5G1.3. See United States v. Ballard, 6 F.3d 1502, 1505 06 (11th Cir. 1993). Accordingly, we vacate Slaton s sentence and remand his case to the district 2 court for resentencing. VACATED AND REMANDED. 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
