No. 23-6387

Montgomery Lebeau v. United States

Lower Court: Eighth Circuit
Docketed: 2023-12-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: anticipated-imprisonment concurrent-sentence concurrent-sentences criminal-procedure federal-sentencing judicial-interpretation same-incident sentencing-guidelines state-charges ussg-5g1.3(c)
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Whether a pending state charge arising out of the same incident as the federal case plainly qualifies as 'anticipated' under USSG § 5G1.3(c)?

Question Presented (OCR Extract)

QUESTION PRESENTED When a state term of imprisonment is anticipated to result from another offense that is relevant conduct to the federal offense of conviction, the Federal Sentencing Guidelines provide that a defendant’s federal sentence “shall be imposed to run concurrently to the anticipated term of imprisonment” under USSG § 5G1.3(c). The question presented is: Whether a pending state charge arising out of the same incident as the federal case plainly qualifies as “anticipated” under USSG § 5G1.3(c)? i

Docket Entries

2024-02-20
Petition DENIED.
2024-02-01
DISTRIBUTED for Conference of 2/16/2024.
2024-01-26
Waiver of right of respondent United States of America to respond filed.
2023-12-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 29, 2024)

Attorneys

Montgomery Lebeau
Rachael SteenholdtFederal Public Defender's Office, Petitioner
Rachael SteenholdtFederal Public Defender's Office, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent