The mention of “consecutively” here is the only mention of that concept in the entire proceeding. (Id. Both were convicted of various counts, including bank fraud and money laundering. And can the U.S. Supreme Court even consider such questions of state law? In this section, you will find the Commission’s comprehensive archive of yearly amendments and Guidelines Manuals dating back to … This 216-month sentence should be overturned for three reasons: (1) the Guideline range was too high because it is based on the wrong offense; (2) the sentence is procedurally unreasonable because it is not clear that the court intended to impose consecutive sentences leading to this extreme increase (200% of the top of the range); and (3) that extreme increase is substantively unreasonable. (R. 178 at 31; PageID #1049 (168-month sentence with top of range at 151 months).) 1035 (2003). Nikolovski’s Guideline range was calculated as 87 to 108 months in prison, and the Government agreed not to seek a sentence greater than 108 months. This sentence is procedurally unreasonable because there is no way to determine if it is even the intended sentence. Understanding Consecutive and Concurrent Sentencing In Kentucky, if you are convicted of multiple criminal offenses, then your sentence will either run concurrently or consecutively. Perhaps a 120- month sentence could fall within that discretion. As noted, when a defendant is sentenced on multiple counts, the Guidelines range is based on the count involving the highest offense level. Cf. I then filed this sentencing memorandum, and my client's sentence was then reduced from 18 years to 10 years. Consecutive sentences were likely not intended because they are not even permissible, as they led to a sentence over the range—exactly the mistake corrected in Erpenbeck. (R. 157 at 43–44; PageID #859–60.) Jimmy Dimora was likely convicted of lawful conduct. Sentences of imprisonment imposed at different times (for different offenses) shall run consecutively unless the sentencing judge orders the last sentence imposed to run concurrently with the earlier sentence. Raguz was ultimately responsible for $70 million in unpaid loans. "Same criminal conduct," as used in this subsection, means two or more crimes that require the same criminal intent, are committed at the same time and place, and involve the same victim. On appeal, this Court affirmed the sentence as reasonable, emphasizing that the sentencing-hearing transcript showed that the district court “believed from the beginning that a 300-month sentence was appropriate,” repeatedly stated that it intended to impose 300 months, and adequately explained the upward variance (27%) over the top end of the range. When new facts in a second lawsuit overcome the defense of res judicata (claim preclusion). Mr. Nikolovski, it’s the judgment of this Court that you are committed to the custody of the Bureau of Prisons for a term of 120 months on each of Counts 7 through 14, 16 through 20, and 96 months on each of Counts 21 through 25 to be served consecutively. Any dispute or claim arising out of your use of this site shall be determined exclusively by the laws of the State of New York and venue shall be limited to Warren County, New York. And the court also believed that there were “many negative” factors, such as the loss amounts, the harm to a financial institution, his deception, his lack of work history, and threats of intimidation. And, finally, even if the district court had made clear that it really intended such a long sentence (such as the 27% increase in Erpenbeck), there would have to be extensive explanation for such a massive 100% increase here, especially for a defendant who is a Category I offender with zero criminal-history points. 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