United States v. Moody, No. 18-2040 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit vacated defendant's sentence imposed after he pleaded guilty to having a prohibited object in prison on two separate occasions. The court held that the district court erred in concluding it lacked authority to run the four-month sentences concurrently. In this case, defendant pleaded guilty to twice violating 18 U.S.C. 1791, which requires an inmate's custodial punishment for contraband possession be imposed "consecutive to the sentence being served by such inmate at the time the inmate commits such violation." The court held that the district court's mistaken belief to the contrary constituted a significant procedural error which was not harmless. Accordingly, the court remanded for resentencing.
Court Description: Smith, Author, with Kelly and Kobes, Circuit Judges] Criminal case - Sentencing. The district court erred in determining it lacked authority to make concurrent defendant's two sentences for possessing a prohibited object in prison in violation of 18 U.S.C. Sec. 1791(a)(2); the statute in question requires the court to make any sentence for violation of the statute consecutive to the time being served when the offense was committed, but it does not deprive the court of authority to make the sentences for two violations of the statute concurrent; the district court's mistaken belief to the contrary constituted a significant procedural error which was not harmless, and the case is reversed and remanded for resentencing.
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