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U.S. v. ROGERS

No. 89-5029.

897 F.2d 134 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Estelle ROGERS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 26, 1990.

Attorney(s) appearing for the Case

John Herman Hare (argued), Asst. Federal Public Defender, for defendant-appellant.

Eric William Ruschky, Asst. U.S. Atty., E. Bart Daniel, on the brief, U.S. Atty., for plaintiff-appellee.

Before PHILLIPS and WILKINSON, Circuit Judges, and FOX, United States District Judge for the Eastern District of North Carolina, sitting by designation.

PHILLIPS, Circuit Judge:

This case presents the question whether the district court retains discretion to impose a concurrent sentence on an offender who commits the offense while serving an unexpired sentence for an unrelated offense. The district court ruled that it was without discretion under the United States Sentencing Guidelines (U.S.S.G.) and ordered that Estelle Rogers' sentence run consecutively to an earlier, unexpired federal sentence. We believe the district...

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