Does Section 5G1.1.3 of the Criminal Code apply to sentencing a defendant to two consecutive sentences?
MultiRegion, United States of America
The following excerpt is from U.S. v. Luna-Madellaga, 133 F.3d 1293 (9th Cir. 1998):
The district court considered each of the factors set out in 5G1.3, found that a consecutive sentence would achieve a reasonable punishment, and sentenced defendant accordingly. Defendant argues, however, that the district court erred in its application of 5G1.3 because it failed to perform a hypothetical guideline calculation as set out by this court in United States v. Redman, 35 F.3d 437 (9th Cir.1994).
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