Sebastian L. Eccleston v. United States
DueProcess
Whether federal sentencing statutes and the Constitution require the Bureau of Prisons to execute the sentence of a federal prisoner to effectuate the subsequent judgement of the state judiciary for concurrent sentences when the federal judgement is silent on concurrency?
QUESTION(S) PRESENTED In Setser v. United States, this Court construed the third sentence of 18 USC §3584(a) to be inapplicable in cases where a federal sentence is imposed on a defendant who is not yet serving any other undischarged term of imprisonment. 132 S.Ct. 1463, 1470 (2012). Nevertheless, when a federal ~ ; judgement is silent on whether a sentence is to run concurrently with or consecutive to a yet-to-be-imposed state sentence, the Bureau of Prisons uniformly interprets the third sentence of 18 USC §3584(a) to require the federal sentence to run consecutively to the state sentence, even when the state judgement in the subsequent case orders the sentences to run concurrently. This case presents the following question of exceptional importance to the criminal justice system: 7 Whether federal sentencing statutes and the Constitution require the Bureau of Prisons to execute the sentence of a federal prisoner to effectuate the subsequent judgement of the state judiciary for concurrent sentences when the federal judgement is silent on concurrency? . . i