The following excerpt is from U.S. v. Burnside, 21 F.3d 1116 (9th Cir. 1994):
Our decision in United States v. Warren, 980 F.2d 1300 (9th Cir.1992), cert. denied, 114 S.Ct. 397 (1993), does not conflict with this interpretation of the guideline. In Warren, we merely acknowledged the apparent agreement between the government and defendant that in that particular case "the 1991 version of section 5G1.3 would mandate that his federal sentence run concurrently with his state sentence." Warren, 980 F.2d at 1303 (defendant sentenced by state to 30 years and by federal court to 30-month consecutive sentence for possession of a firearm by a felon). Moreover, contrasting the 1991 version to its predecessor, we concluded the 1991 version allowed "for much less discretion," implying that some discretion nonetheless remained.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.