Is a defendant entitled to credit his federal sentence for time that has been credited against his prior state sentence?
MultiRegion, United States of America
The following excerpt is from Lugo v. Hudson, 785 F.3d 852 (2nd Cir. 2015):
incorrectly calculate his sentence. See United States v. LabeilleSoto, 163 F.3d 93, 99 (2d Cir.1998) (a defendant has no right to credit on his federal sentence for time that has been credited against his prior state sentence).
"The most advanced legal research software ever built."
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.
Other Questions
Does Section 5G1.3 of the Federal Guidelines for Federal Sentences apply to a defendant who is convicted of a federal charge of possession of a firearm by a federal court? (MultiRegion, United States of America)
Is a convicted rapist entitled to credit for time served in state custody until after his sentence has been sentenced in federal court? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
What is the burden of appealing against a sentencing judge's sentencing in a case where the sentencing judge referred to a prior error in sentencing? (MultiRegion, United States of America)
Can a federal district court exercise its discretionary sentencing authority by sentencing a defendant to a minimum sentence based on the Guidelines? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
Is a federal district court's imposition of consecutive sentences for a defendant who pleaded guilty to a charge of aggravated assault violate the federal sentencing code of conduct? (MultiRegion, United States of America)
Can a federal district judge direct that a federal sentence be served consecutive to a state sentence not yet imposed? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
Is a defendant's prior sentence imposed in a related case considered "related" if they are sentenced to two concurrent sentences by the same judge at the same hearing? (MultiRegion, United States of America)
