U.S. v. HIGGINS

No. 97-5006

128 F.3d 138 (1997)

UNITED STATES of America, Appellant, v. Kenneth HIGGINS.

United States Court of Appeals, Third Circuit.

Decided October 17, 1997.


Attorney(s) appearing for the Case

Faith S. Hochberg, United States Attorney, Kevin McNulty, Assistant United States Attorney, Allan Tananbaum (argued), Assistant United States Attorney, Newark, NJ, for Appellant.

John H. Yauch (argued), Assistant Federal Public Defender, Newark, NJ, for Appellee.

Before: COWEN, ROTH and LEWIS, Circuit Judges.


OPINION OF THE COURT

ROTH, Circuit Judge:

This is an appeal by the government of a criminal sentencing order. The defendant, Kenneth Higgins, was sentenced for an offense committed while serving a previous term of imprisonment. The district court ordered a portion of the sentence to run concurrently with the previously imposed sentence. The issue on appeal is whether the district court properly construed its...

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