Equal protection and due process rights for discharged vs. undischarged sentences

QUESTION PRESENTED The federal Sentencing Guidelines treat discharged and undischarged sentences based on conduct relevant to a case before the court for sentencing differently. The Guidelines require the court to make the sentence concurrent to an undischarged sentence based on relevant conduct, but for discharged sentences only say that the court may adjust the sentence. Did the lower courts’ refusal to adjust Petitioner’s sentence for two discharged sentences violate Petitioner’s constitutional rights to equal protection and due process of law? 1 STATEMENT OF