The following excerpt is from US v. Archdale, 229 F.3d 861 (9th Cir. 2000):
Where, as here, "the sentence imposed on the count carrying the highest statutory maximum [count 1 ] is less than the total punishment" (the minimum in the applicable guideline range), the sentence imposed on the remaining count "shall run consecutively, but only to the extent necessary to produce a combined sentence equal to the total punishment." U.S.S.G. S 5G1.2(d) (1998); see also United States v. Palomba, 31 F. 3d 1456, 1466 (9th Cir. 1994). The district judge sentenced appellant to serve a 180-month term of imprisonment, the statutory maximum, on count 1, and he correctly sentenced appellant to the statutory maximum of 24 months imprisonment, to be served consecutively, on count 2. The resulting 204 month total prison term is less than the minimum in the guideline range for appellant's total offense level. The district judge did not err in sentencing appellant to consecutive sentences.
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