United States v. Cruz
United States v. Cruz
Opinion of the Court
MEMORANDUM
Defendant Victor Cruz appeals a thirty-six month sentence imposed by the district
A district court may impose consecutive sentences after the revocation of supervised release, even if the terms of supervised release were originally ordered to run concurrently. See id. at 1177; 18 U.S.C. § 3584 (affording a district court discretion to impose consecutive sentences). Section 5G1.2(d) allows district courts to “stack” (or run consecutively) sentences where the maximum statutory sentence for one count is less than the total punishment allowed by the offense level. See United States Sentencing Guidelines Manual (“U.S.S.G.”) § 5G1.2(d); United States v. Buckland, 289 F.3d 558, 570 (9th Cir. 2002). In this case, the total punishment allowed by Cruz’s offense level was thirty to thirty-seven months. Thus, the district court was permitted to stack one twenty-four month sentence with the other twenty-four month sentence (discounted to twelve months) to achieve a thirty-six month sentence. See U.S.S.G. § 5G1.2(d).
Further, because Cruz’s sentence is not a correction or modification of an “arithmetical, technical, or other clear error,” it does not violate Federal Rule of Criminal Procedure 35(a).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts
Case-law data current through December 31, 2025. Source: CourtListener bulk data.