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SETSER v. U.S.

No. 10-7387.

132 S.Ct. 1463 (2012)

182 L.Ed.2d 455

Monroe Ace SETSER, Petitioner v. UNITED STATES.

Supreme Court of United States.

Decided March 28, 2012.

Attorney(s) appearing for the Case

Jason D. Hawkins, for Petitioner.

William M. Jay, for Respondent, supporting the Petitioner.

Evan A. Young, as amicus curiae, appointed by this court, supporting the judgment below.

Jason D. Hawkins, Counsel of Record, Kevin J. Page, J. Matthew Wright, Monica Markley, Richard A. Anderson, Office of the Federal Public Defender, Dallas, TX, for Petitioner.

Donald B. Verrilli, Jr., Solicitor General, Counsel of Record, Lanny A. Breuer, Assistant Attorney General, Michael R. Dreeben, Deputy Solicitor General, William M. Jay, Assistant to the Solicitor General, Richard A. Friedman, Attorney, Department of Justice, Washington, DC, for United States Supporting Petitioner.

Justice SCALIA delivered the opinion of the Court.

We consider whether a district court, in sentencing a defendant for a federal offense, has authority to order that the federal sentence be consecutive to an anticipated state sentence that has not yet been imposed.

I

When officers of the Lubbock Police Department arrested petitioner Monroe Setser for possessing methamphetamine, he was already serving a 5-year term of probation imposed by a Texas...

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