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

The following excerpt is from U.S. v. Squires, 983 F.2d 1080 (9th Cir. 1992):

"Prior sentences imposed in related cases are to be treated as one sentence...." U.S.S.G. 4A1.2; accord United States v. Smith, No. 91-50029, slip op. 14241, 14253 (9th Cir. Dec. 9, 1992); United States v. Bachiero, 969 F.2d 733, 734 (9th Cir.1992). "[P]rior sentences are considered related if they ... were consolidated for trial or sentencing." U.S.S.G. 4A1.2, comment. (n. 3). We have recently held that a defendant's prior sentences were "related" where she was sentenced to identical concurrent sentences by the same judge at a single hearing. See Bachiero, 969 F.2d at 734; cf. Smith, No. 91-50029, slip op. at 14253-54 (defendant's prior sentences were "unrelated" where he was sentenced to consecutive sentences by the same judge at a single hearing).

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