United States v. Lindsey, No. 18-10604 (5th Cir. 2020)
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On remand from the Supreme Court in light of Davis v. United States, 140 S. Ct. 1060 (2020), the Fifth Circuit reviewed defendant's sentence for plain error and held that it was not plain error for the district court to order that defendant's federal sentence run consecutively to any future-imposed sentence that arose out of the pending state court charges related to the earlier offenses in question.
In this case, the district court's conclusion that the earlier state charges were unrelated to the instant offense, and thus its order that defendant's federal sentence run consecutively to any state sentences arising from the earlier charges, was not plain — i.e., clear and obvious — error under USSG 5G1.3(c). Finally, defendant abandoned any argument under USSG 5G1.3(d) and, even if he had not, any argument that the district court should have weighed the sentence factors differently would be an insufficient basis for reversal. Accordingly, the court affirmed the district court's judgment.
This opinion or order relates to an opinion or order originally issued on August 9, 2019.
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