Whether the word concurrently' in Section 5G1.3(c) authorizes a sentencing court to run a sentence concurrently from the start of the pre-existing sentence

QUESTION PRESENTED With respect to a defendant subject to a prior undischarged term of imprisonment, Section 5G1.3(c) of the United States Sentencing Guidelines provides sentencing courts with authority to impose a federal sentence to “run concurrently” to the “prior undischarged term of imprisonment to achieve a reasonable punishment for the instant offense.” U.S. SENTENCING GUIDELINES MANUAL § 5G1.3(c) (U.S. SENTENCING COMM’N 2002) (effective Nov. 1, 2002).1 The question presented is: Whether the word “concurrently” in Section 5G1.3(c) authorizes a sentencing court to run a sentence concurrently from the start of the pre-existing sentence, as the Third Circuit has held; or instead, whether the word “concurrently” only permits the sentencing court to run the sentence concurrently with the remainder of the pre-existing sentence (i.e. not concurrently with the full pre-existing sentence), as the Second Circuit and, in the decision below, the Fourth Circuit have held. 1 Unless otherwise noted, “Section 5G1.3” in this petition refers to the 2002 version of Section 5G1.3 applicable to Mr. Barnes. See App. 32a-35a. The language of the 2002 version of Section 5G1.3 came into effect with the 1995 amendments to the Guidelines, see App. 60a-63a, and did not change until the 2003 amendments, see App 63a-67a. Accordingly, the language of Section 5G1.3 applicable to Mr. Barnes at the time of his sentencing is also applicable to defendants sentenced under Section 5G1.3 after the 1995 amendments, but before the 2003 amendments. i