United States of America, Plaintiff-appellee, v. Jack Rodger Duncan, Defendant-appellant, 133 F.3d 929 (9th Cir. 1998)Annotate this Case
Before PREGERSON, TROTT, and TASHIMA, Circuit Judges.
The district court properly exercised its discretion when it made Appellant's federal sentence consecutive to his undischarged state sentence. Appellant was serving time for multiple state offenses, two of which were completely unrelated to his federal offenses for mail theft under 18 U.S.C. § 1708 (1994). Under United States v. Kimble, 107 F.3d 712, 714 (9th Cir. 1997), cert. denied, 117 S. Ct. 2471 (1997), United States Sentencing Guidelines § 5G1.3(c) (1995) applies to Appellant's sentencing.
Under U.S.S.G. § 5G1.3(c), the district court has discretion to impose a consecutive sentence.