United States v. Moody

The Eighth Circuit vacated defendant's sentence imposed after he pleaded guilty to having a prohibited object in prison on two separate occasions. The court held that the district court erred in concluding it lacked authority to run the four-month sentences concurrently. In this case, defendant pleaded guilty to twice violating 18 U.S.C. 1791, which requires an inmate's custodial punishment for contraband possession be imposed "consecutive to the sentence being served by such inmate at the time the inmate commits such violation." The court held that the district court's mistaken belief to the contrary constituted a significant procedural error which was not harmless. Accordingly, the court remanded for resentencing. View "United States v. Moody" on Justia Law