U.S. First Circuit - The FindLaw 1st Circuit Court of Appeals News and Information Blog

February 2016 Archives

Answering a question it acknowledged was left open by the Supreme Court's 2012 Setser v. United States decisions, the First Circuit ruled last Friday that federal sentences may not be ordered to be consecutive to another anticipated, but not yet imposed, federal sentence.

The case involves the sentencing of Heriberto Almonte-Reyes, who was convicted of conspiracy to import heroin in Puerto Rico while also facing charges for money laundering in Georgia. The district court of Puerto Rico sentenced Almonte-Reyes to 120 months in prison, to be served consecutively to "any term to be imposed" in his Georgia case.