Hernandez-Navarro

MEMORANDUM

Defendant Enrique Hernandez-Navarro pled guilty to one count of importation of a controlled substance, marijuana, in violation of 21 U.S.C. §§ 952 and 960. The district court imposed an eighteen month sentence and further ordered that Defendant’s sentence run consecutively to an unserved sentence he received for violating the terms and conditions of state parole. Defendant appeals the district court’s order that he serve a consecutive sentence. We have jurisdiction under 28 U.S.C. § 1294 , and we affirm.

In imposing a consecutive sentence, the district court followed Application Note 6 to U.S.S.G. § 5G1.3, which provides that, if a defendant’s state parole has been revoked prior to the time of sentencing on a federal offense, the sentence imposed for the federal offense should be ordered to run consecutively to the term imposed for the state parole violation.

In this appeal, Defendant argues that the district court erred when it found that the sentence for the state parole violation had been imposed prior to the federal sentencing. He then argues that where the state has yet to impose a sentence for a parole violation or criminal conviction, a federal court may not…