United States v. Gregory Leferrall Warren

Caution
92 Daily Journal DAR 16388·980 F.2d 1300·1992 WL 358066·1992 U.S. App. LEXIS 32113·92 Cal. Daily Op. Serv. 9804
United States Court of Appeals for the Ninth CircuitDecember 8, 199291-30464California2,960 words

Opinion

Opinion

Tang, J.

Gregory Leferrall Warren appeals his sentence imposed under the United States Sentencing Guidelines after he pleaded guilty to one count of possession of a firearm by a felon, in violation of 18 U.S.C. § 922 (g). Warren contends the district court erred by imposing his 30-month federal sentence to run consecutively to an undischarged 30-year state prison sentence. Warren also seeks resentencing on the ground that the U.S. Attorney breached a plea agreement by recommending that Warren’s federal sentence run consecutively to his state sentence. We affirm.

I.

In June 1991, Warren pleaded guilty to being a felon in possession of a firearm on or about October 2,1990. At that time, the district court reviewed with Warren the terms of his plea agreement:

Before sentencing, the parties exchanged and filed several letters and memoranda concerning a number of issues, including whether the federal sentence should run concurrently or consecutively to the state sentence. In response to the government’s statements relating to the concurrent/consecutive issue, Warren accused the government of breaching its promise not to take a position on the issue.

The date for sentencing was continued…

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