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U.S. v. DORSEY

No. 98-5250.

166 F.3d 558 (1999)

UNITED STATES of America, v. Lorenzo DORSEY, aka Lamont White, aka Henry Jackson, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 29, 1999.

Attorney(s) appearing for the Case

Chester M. Keller (ARGUED), Office of Federal Public Defender, Newark, NJ, Attorney for Appellant.

George S. Leone, Shawna H. Yen (ARGUED), Office of United States Attorney, Newark, NJ, Attorneys for Appellee.

Before: STAPLETON and LEWIS, Circuit Judges, and CALDWELL, District Judge.

OPINION OF THE COURT

CALDWELL, District Judge.

Lorenzo Dorsey appeals from the district court's refusal at sentencing to follow commentary to U.S.S.G. § 5G1.3(b) in application note 2 to the guideline. Under that note, the court could have reduced Dorsey's federal sentence by a certain amount of time he had spent in state custody, thereby essentially giving him credit for that period of imprisonment before the federal sentence was imposed. Dorsey also...

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