Conviction of defendant for conspiracy to issue and use counterfeit checks is affirmed where: 1) because the government affirmatively disclaimed the waiver-of-appeal provision, there is no justification for proceeding sua sponte to inquire into its preclusive effect; 2) U.S.S.G. section 5G1.3(b) did not require the district court to impose a concurrent sentence in this case; and 3) district court's decision to run the sentence consecutively was substantively reasonable.
Appeal from the United States District Court for the District of Puerto Rico
Decided December 11, 2009
Opinion by Seyla, Circuit Judge
For Appellant: Mariángela Tirado-Váles
For Appellee: Rosa Emilia Rodriguez-Vélez, United States Attorney, Nelson Pérez-Sosa, Chief, Appellate Division, and Julia M. Meconiates, Assistant United States Attorney