1. ENFORCING CONCURRENT SENTENCES.
- Author
-
YEAGER, DANIEL B.
- Subjects
PRISONERS ,GUILTY pleas ,ROBBERY ,CRIME - Abstract
Who gets the last word on how much time a prisoner will serve when subject to unexpired terms imposed at different times by state and federal courts? The short answer is the executive, though the question is complicated by who has "primary jurisdiction." In 2015, 1 began representing Jose Antonio, who after pleading guilty but before being sentenced on a California robbery, pled guilty to federal drug charges, for which he was sentenced. Rather than deliver him to a federal prison, the feds returned him to state court, which pronounced an eight-year term on the robbery to run concurrently with his 9.3-year Jtderal term on the drug ollense. But there seemed nothing we could do to prevent the state and.#deral terms from running consecutively, the reason being that. junior bureaucrats at the DOJ wanted to run them that way. As sovereigns, both the United States and California may exact from a convicted person as much or as little punishment for a crime as they like. But neither the state nor the federal court sentenced Antonio to a 17.3-year term, a sum realizable only had the terms been structured to run consecutively, which they explicitly were not. Antonio's plight betrays a jriction between sister jurisdictions and among coequal branches of governments that is an affront to anyone of the mind that in these recurring, high-stakes conflicts, deference is due the second sentencing court. [ABSTRACT FROM AUTHOR]
- Published
- 2021