Enforcing Concurrent Sentences

This Article is the first to take on following two questions: First, where in melange of legislative, executive, and judicial powers that constitutes law sentencing last word how much time a prisoner will serve when subject unexpired terms imposed at different times by state federal courts? Embedded question second: may convict who presents himself prison authorities his be turned away ground he has not yet completed another offense? In 2015, I began litigating behalf Jose Alberto Antonio, after finishing eight years Lancaster, California, was transferred January 11, 2021 Los Angeles five what originally designed 9.3 time. Together, Antonio repeatedly sought enforce sentence him trial court June 2016 re-sentencing for March 2013 robbery. That judge structured Antonio’s term drug conspiracy – then pronounced but commence run concurrently, meaning could no more than length longer (9.3 offense). But there seemed nothing we do prevent from running consecutively, second would until had expired (17.3 total, sum offense plus offense), though neither nor them so run. The reason sentences consecutively? Because Assistant United States Attorney negotiated plea wanted to, decision which Federal Bureau Prisons (“BOP”) its own standards defers. As recurring even “notorious” basis litigation both ultimate countless division authority between courts depend, one think legal academy have meditated this serious federalism/comity/dual sovereignty. it hasn’t. scant pertinent literature, like only relevant Supreme Court ruling, addresses mirror or reverse image, whereby structures consecutively an anticipated term. There smattering lower-court rulings point, implications somehow remained unilluminated. People v. therefore apt occasion burrow down into peculiar rift junior bureaucrats Department Justice can, perhaps without justification, force concurrent consecutively. As tract federalism, chronological study protracted identifies profound snag owes excessive correctible deference executive branch officials.