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In a case considering whether federal judges have the authority to impose a sentence to run consecutively with a state court sentence that hasn't yet been imposed, the government and the defendant both urged the Supreme Court to rule in the negative. But at oral arguments on Wednesday the justices seemed skeptical. The case of Setser v. U.S. involves the sentencing of Monroe Ace Setser. Setser pleaded guilty in federal court to drug possession with intent to distribute. He was also set to be charged in state court on drug charges from the same incident, and he was on parole for a previous state offense, and therefore faced parole violation charges.
Prosecutors said they will ask a judge to impose a consecutive sentence on a Topeka man dubbed a "super shoplifter" for his convictions Thursday on two felonies. Mark Lucas, who previously had been arrested on 19 theft counts, already has been sentenced to more than 10 years in prison for two separate convictions.
A criminal defendant's right to a jury trial was violated where a judge made factual findings to impose consecutive sentences, the Oregon Supreme Court has ruled. A jury found the defendant guilty of two burglaries and four sex offenses committed in the course of the burglaries. The defendant was a manager for an apartment complex. His convictions arose from his twice entering a tenant's apartment and inappropriately touching an 11-year-old girl.
Consecutive sentences
The Sixth Amendment does not bar states from providing that judges, not juries, may find the facts necessary to impose consecutive rather than concurrent sentences for multiple offenses, the U.S. Supreme Court has ruled in a 5-4 decision. On multiple occasions, the defendant entered the apartment of an 11-year-old girl and sexually assaulted her. A jury convicted him of six separate crimes, including sexual assault and burglary.
A defendant's Sixth Amendment rights were not violated when a judge rather than a jury decided factors underlying the imposition of consecutive sentences for his attempted murder convictions, the Washington Supreme Court has ruled. A jury convicted the defendant of three counts of attempted murder. The convictions involved the defendant firing a gun at three rival gang members. He wounded two of the victims.
consecutive sentences
The fact-finding necessary to impose consecutive sentences may be made by a judge, rather than determined by jury beyond a reasonable doubt, without violating the Sixth Amendment, the Maine Supreme Court has ruled. While on probation, the defendant beat and kidnapped a woman. He threw her into the back of his pickup truck and while driving toward his home abruptly stopped and accelerated, causing the victim to fall onto the road, where he left her. She died several days later from head trauma caused by either the beating or the fall.
Consecutive sentences.
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