United States v. Almonte-Reyes, No. 13-1934 (1st Cir. 2016)
Annotate this CaseDefendant pleaded guilty to conspiracy to import a hundred grams or more of heroin. At the time, Defendant had pending criminal charges in the Northern District of Georgia. The district court in Puerto Rico sentenced Defendant to 120 months of imprisonment, to be served consecutively to the anticipated Northern District of Georgia sentence. Defendant filed a motion for reconsideration seeking to eliminate the portion of the sentence ordering his term of imprisonment to be consecutive to the sentence in the pending case. The district court denied the motion. Defendant appealed. Defendant subsequently pleaded guilty in the North District of Georgia to one count of conspiracy to commit money laundering. The North District of Georgia sentenced Defendant to eighty-seven months of imprisonment to be served concurrently with the sentence at issue in this case. The First Circuit reversed, holding that, under 18 U.S.C. 3584(a), a federal sentencing court does not have the authority to determine that a sentence should be consecutive to a federal sentence that has not yet been imposed. Remanded for resentencing.
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