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U.S. v. MIHALY

No. 94-6350.

67 F.3d 894 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Alexander Joseph MIHALY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 5, 1995.

Attorney(s) appearing for the Case

Teresa Brown, Assistant Federal Public Defender, Oklahoma City, Oklahoma, for Defendant-Appellant.

Alexander Joseph Mihaly, pro se.

Rozia McKinney-Foster, United States Attorney, and Ted A. Richardson, Assistant U.S. Attorney, Oklahoma City, Oklahoma, for Plaintiff-Appellee.

Before SEYMOUR, Chief Judge, McKAY, and HENRY, Circuit Judges.

SEYMOUR, Chief Judge.

Alexander Joseph Mihaly pled guilty to wire and mail fraud but appeals his sentence, claiming that the district court erred by ordering his sentence to run consecutively to previous sentences. The government concedes the district court erroneously held that it did not have discretion to impose a concurrent sentence and requests a limited remand. We reverse and remand.1

In 1993, Mr. Mihaly was indicted in the...

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