U.S. v. KIMBLE

No. 95-30253.

107 F.3d 712 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Donald William KIMBLE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 19, 1997.


Attorney(s) appearing for the Case

S. Richard Rubin, Federal Defenders of Eastern Washington and Idaho, Boise, Idaho, for defendant-appellant.

James M. Peters, Assistant United States Attorney, Boise, Idaho, for plaintiff-appellee.

Before: WRIGHT, CANBY and TASHIMA, Circuit Judges.


TASHIMA, Circuit Judge:

This case requires us to decide whether U.S.S.G. § 5G1.3(b), which requires the imposition of a concurrent sentence in certain circumstances, applies where at least one of a defendant's undischarged prison terms is not related to the instant offense. We hold that it does not.

I. Background

Donald W. Kimble entered guilty pleas to two counts of making a false statement during the acquisition of a firearm in violation...

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