By Burt Rose
The Supreme Court of the United States has granted a petition for writ of certiorari in the matter of SETSER, MONROE A. V. UNITED STATES, No. 10-7387, 2011 WL 2297806 (June 13, 2011). The Court will review U.S. v. Setser, 607 F.3d 128 (5th Cir.(Tex.) May 11, 2010).
At sentencing, the federal district court sentenced Petitioner to 151 months of imprisonment and ordered the sentence to run consecutive to whatever sentence might be imposed in a pending state case, which had not yet been resolved in state court. The Petition was likely granted because there is a circuit split over whether a federal district judge has the authority to order a sentence to run consecutive to an anticipated, but as-yet-unimposed state sentence. The courts of appeals are divided, four to four, over this question. The Third Circuit has not yet ruled on this issue.
The Criminal Justice Section Student Research Center is open to help you in your court appointed and CJA cases. The hours of operation are Monday through Thursday from 9 a.m. to 3 p.m. The SRC, located in Room 303 of the Criminal Justice Center (The Jack Meyer’s lawyer’s lounge), offers free case law research for court appointed and CJA counsel. The research is provided by law students from local area law schools. Attorneys wishing to request research assistance on a court appointed case can do so either by visiting the lawyer’s lounge directly and meeting with a law student in person or they may submit a research request online at http://www.philadelphiabar.org/page/CJResearch?appNum=1. To make sure a law student will be available for your project, first contact the lounge at 3-7538 or 3-7539 (CJC internal only) or firstname.lastname@example.org to check student availability.