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U.S. v. LYMON

No. 17-2077.

905 F.3d 1149 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Davon LYMON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 2, 2018.

Attorney(s) appearing for the Case

Marc Robert , Assistant Federal Public Defender, Albuquerque, New Mexico, for Defendant-Appellant.

C. Paige Messec , Assistant United States Attorney ( James D. Tierney , Acting United States Attorney and James R.W. Braun , Assistant United States Attorney, on the brief), Albuquerque, New Mexico, for Plaintiff-Appellee.

Before MATHESON, McKAY, and EBEL, Circuit Judges.

Defendant Davon Lymon challenges the procedure by which the district court decided to order the three federal sentences imposed in this case to be consecutive. In particular, although U.S.S.G. § 5G1.2 indicated Lymon's sentences should run concurrently, the district court instead imposed them consecutively, citing 18 U...

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