Gary Giovon Lynn v. United States
Environmental SocialSecurity Securities Immigration
When the district court failed to follow the Court's ruling in Setser v. United States, 566 U.S. 231 (2012) at sentencing did it engage in an impermissible delegation of authority to the Federal Bureau of Prisons to make nunc pro tunc rulings on a federal sentence's concurrent or consecutive nature with respect to a probable future state term of imprisonment for related conduct by making the Bureau of Prisons responsible for making the nunc pro tunc ruling, therefore violating the fundamental constitutional principle of the separation of powers between branches?
QUESTIONS PRESENTED I. When the district court failed to follow the Court’s ruling in Setser v. United States, 566 U.S. 231 (2012) at sentencing did it engage in an impermissible delegation of authority to the Federal Bureau of Prisons to make nunc pro tunc rulings on a federal sentence’s concurrent or consecutive nature with respect to a probable future state term of imprisonment for related conduct by making the Bureau of Prisons responsible for making the nunc pro tunc ruling, therefore violating the fundamental constitutional principle of the separation of powers between branches? II. Did the court’s failure to apply U.S.S.G. § 5G1.3(c) and Setser at sentencing constitute reversible procedural error for failure to follow appropriate sentencing procedure? i