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Consecutive Sentences
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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.
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consecutive sentences
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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.
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A computer analyst convicted of killing his pregnant girlfriend and their unborn child was ordered to serve his two life sentences consecutively by a judge who said Friday he would fear for the safety of "whoever he got around in the nursing home" if released. A Criminal Court jury last month convicted Tarence Nelson of two counts of first-degree murder for the shooting deaths of Tonya Johnson, 36, a third-grade teacher at Brownsville Road Elementary School, and the baby girl she was a month from delivering.
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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.
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This article was originally published in Lawyers Weekly USA, a sister publication. 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.
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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.
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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.
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Defendant's convictions were against the manifest weight of the evidence, his consecutive sentences were not contrary to law, and admission of his statements at trial was proper.
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drugs, marijuana, conspiracy, complicity, suppression, indictment, preservation, presume regularity, consecutive sentences, forfeiture
