United States v. Joseph Dean Clayton

Joseph Dean Clayton appeals his federal sentence for making false statements in the acquisition of a firearm and for firearm possession by a felon in violation of 18 U.S.C. §§ 922 (a)(6) and 922(g). Clayton contends that the district court erred in directing that his federal sentence be served consecutively with a state sentence that had not yet been imposed. We reverse and remand.

Jurisdiction

The district court had subject matter jurisdiction under 18 U.S.C. § 3231 . We have appellate jurisdiction by virtue of 28 U.S.C. § 1291 . The appeal was timely pursuant to Fed.R.App.P. 4(b).

Facts

On September 15, 1989, Clayton pled guilty in the Spokane Superior Court to second degree burglary and second degree robbery. On September 18, he pled guilty in federal district court to making false statements in the acquisition of a firearm and possession of a firearm by a felon. See 18 U.S.C. §§ 922 (a)(6) & 922(g). On November 3, the federal court sentenced Clayton to a twenty-four month term of imprisonment and specified that the term run “consecutive to any state sentence.” Clayton was then returned to the custody of the Spokane County Sheriffs Department. Three days later, the state…