Can a federal judge run a term of imprisonment concurrently with a state sentence?
MultiRegion, United States of America
The following excerpt is from U.S. v. O'Brien, 789 F.2d 1344 (9th Cir. 1986):
1 A federal judge cannot run a term of imprisonment concurrently with a state sentence because the Attorney General alone is empowered to decide where a sentence shall be served. 18 U.S.C. Sec. 3568; United States v. Myers, 451 F.2d 402, 404 (9th Cir.1972). However, because the Attorney General has no such exclusive power to determine where probation shall be served, a federal judge can run a probation term concurrently with a state sentence.
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