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U.S. v. NOTTINGHAM

No. 89-5553.

898 F.2d 390 (1990)

UNITED STATES of America v. Robert Andrew NOTTINGHAM, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 19, 1990.

Attorney(s) appearing for the Case

Richard Coughlin (argued), Asst. Federal Public Defender, Camden, N.J., for appellant.

Marion Percell (argued), Edna Ball Axelrod, Chief, Appeals Div., U.S. Atty's Office, Newark, N.J., for appellee.

Before HIGGINBOTHAM, Chief Judge, SCIRICA, Circuit Judge, and HUTTON, District Judge.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

This is an appeal from a criminal sentence imposed under the sentencing guidelines. The issue is whether sentencing guideline 5G1.3 mandated the district court to order that defendant's sentence run consecutively to the unexpired term he was serving for a parole violation.1 The underlying issue is whether guideline 5G1.3, by limiting the discretion of the district court in this situation...

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