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U.S. v. STEWART

No. 89-2401.

917 F.2d 970 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Toni STEWART, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 29, 1990.

Attorney(s) appearing for the Case

Richard Delonis, Asst. U.S. Atty., Diane L. Donohue (argued), U.S. Dept. of Justice, Detroit Strike Force, Detroit, Mich., for plaintiff-appellee.

Leroy T. Soles (argued), Federal Public Defenders Office, Detroit, Mich., for defendant-appellant.

Before MARTIN and NELSON, Circuit Judges; and LIVELY, Senior Circuit Judge.

LIVELY, Senior Circuit Judge.

This appeal requires us to reconcile an apparent conflict between a statute, 18 U.S.C. § 3584(a) (1988), and a provision of the United States Sentencing Guidelines, Guideline § 5G1.3. More specifically, we must determine whether a district court retains discretion to impose a concurrent sentence on an offender who commits a crime while serving an unexpired sentence for an unrelated offense. We conclude that the district court...

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