United States v. Lucas, No. 12-4840 (2d Cir. 2014)Annotate this Case
Defendants pled guilty to conspiring to distribute a controlled substance in violation of 21 U.S.C. 841(a), 841(b), and 846, and to using and carrying a firearm during and in relation to that conspiracy in violation of 18 U.S.C. 924(c). On appeal, defendants challenged their sentences. The court affirmed the sentence, holding that neither U.S.S.G. 5G1.3 nor 18 U.S.C. 3584 authorizes a district court to run a term of imprisonment concurrently with a discharged term of imprisonment on related charges, and (2) that those provisions' distinctions between discharged and undischarged terms were not irrational. Defendants' remaining arguments were without merit.