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Setser v. United States

Docket No.10-7387
Op. Below5th Cir.
ArgumentNov 30, 2011

Holding

A federal district court has the discretion to order a federal criminal sentence to run after a state criminal sentence that is anticipated but has not yet been imposed.

Judgment

Affirmed, 6-3, in an opinion by Antonin Scalia on Mar 28, 2012. Justice Breyer filed a dissenting opinion joined by Justices Kennedy and Ginsburg.

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