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

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.

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