MONTOYA v. JOHNSON

No. 99-50190.

226 F.3d 399 (2000)

Jesse MONTOYA, Petitioner-Appellee, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 13, 2000.


Attorney(s) appearing for the Case

Philip J. Lynch (argued), San Antonio, TX, for Petitioner-Appellee.

S. Michael Bozarth, Asst. Atty. Gen. (argued), Austin, TX, for Respondent-Appellant.

Before JOLLY, SMITH and BARKSDALE, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

When he pleaded guilty, for separate criminal acts, to federal charges of carjacking and state charges of aggravated robbery, Jesse Montoya no doubt would have preferred that his federal and state terms of imprisonment run concurrently. The state court did sentence him concurrently but, importantly, did so before the federal court had issued its sentence. There being no previous federal sentence with which Montoya's state sentence could...

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