Notably absent from the court’s explanation was any mention of U.S.S.G.
§ 5G1.3(c), which provides:
(c) If . . . a state term of imprisonment is anticipated to result from another offense that is relevant conduct to the instant offense of conviction under the provisions of subsections (a)(1), (a)(2), or (a)(3) of § 1B1.3 (Relevant Conduct), the sentence for the instant offense shall be imposed to run concurrently to the anticipated term of imprisonment.
While the advisory guidelines are discretionary, they remain the starting point for determining a reasonable sentence. United States v. Lymon, 905 F.3d 1149, 1153-54 (10th Cir. 2018). A court “must give respectful consideration to the Guidelines,” and it is a procedural error not to consider the advisory guidelines’ sentencing recommendation or to inadequately explain a deviation from it. Id. This includes any applicable recommendation regarding whether the defendant’s sentence on a given charge should run concurrently with or consecutive to his sentence on
other charges. Id.
Full case here: United States v. WILLLIAM DOUGLAS BLATTEL https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010110694265.pdf
Anton Vialtsin, Esq.
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