3 ms·
> Okay, but he already knows that's not how it works, as he was not sentenced by adding up the maximum possible sentences for each of his crimes. Yes, he was.
by aaronmdjones 3y ago
> Okay, but he already knows that's not how it works, as he was not sentenced by adding up the maximum possible sentences for each of his crimes.
Yes, he was.
https://www.justice.gov/media/785641/dl?inline https://www.justice.gov/media/785641/dl?inline
I look then to Section 5G1.2{d) of the guidelines, which
tells us that where there are multiple counts, and the
guideline range exceeds the statutory maximum for the most
serious count, the court must impose consecutive terms of
imprisonment to the extent necessary to achieve the total
punishment.
There is a little bit of ambiguity, however, as to
what is meant by "total punishment" where the guideline
calculation calls for ~ife imprisonment, but Second Circuit
case law makes clear that in such a situation, the district
court is to stack or add up the maximum sentences for all
the counts.
In United States v. Evans, for example, 352 F.3d 65,
where the guideline calculation called for life
imprisonment but no count carried a life sentence, the
court held that the guideline range is 240 years, the
maximum sentences for all the counts added together.
Accordingly, here the guideline range is not life
imprisonment, but 150 years, the maximum sentences for each
of the 11 counts added together.