Iniguez

We took this case en banc to clarify the meaning of the term “total punishment” as used in § 5G1.2(d) of the sentencing guidelines (“U.S.S.G.” or “Guidelines”). That section permits consecutive or stacked sentences under specified circumstances. We conclude that “total punishment” under § 5G1.2(d) is the sentence chosen by the district court “from the appropriate sentencing range,” United States v. Joetzki, 952 F.2d 1090, 1097-98 (9th Cir.1991), and is not limited to the minimum sentence in the guideline range.

BACKGROUND

After a jury convicted Cruz Iniguez of one count of conspiracy to possess with intent to distribute controlled substances in violation of 21 U.S.C. § 846 and three counts of possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841 (a)(1), the district court sentenced him to a 30-year term of imprisonment. Iniguez appeals his conviction, and the government cross-appeals his sentence on the ground that the district court declined to impose consecutive sentences pursuant to § 5G1.2, based on an erroneous interpretation of the meaning of “total punishment.” Although we took the entire case en banc, we address here only the sentencing…