When Henderson returned home that afternoon, Gene Ellison told him that the police had arrested McCarthy and Hunter. After a de novo review, the district court denied the motions, adopting substantially all of the magistrate judge's recommended findings. 8. In other words, when the federal sentence arises from conduct or acts directly related to that on which the state sentence is based, application of the guidelines' grouping rules accords with fairness principles inherent in the guidelines by “limit[ing] the significance of the formal charging decision and ․ prevent[ing] multiple punishment for substantially identical offense conduct.”  U.S.S.G. In such cases (e.g., a state drug charge and a related federal firearms charge), sentencing according to the grouping rules as suggested by Application Note 3 makes much sense. Ala.Code § 13A-9-18 (“Criminal impersonation.”). In short, it would not have been “practicable” in light of the inconsistencies outlined above for the district court to have attempted to follow Note 3, and, thus, it did not err in failing to do so. While staying with Henderson, McCarthy and Hunter had slept on a couch and an easy chair in Henderson's living room and had kept their belongings in a back bedroom that Henderson used for storage. Click to see photos of Jeffrey Hunter’s Final Resting Place. Cf. (c) (Policy Statement) In any other case, the sentence for the instant offense shall be imposed to run consecutively to the prior undischarged term of imprisonment to the extent necessary to achieve a reasonable incremental punishment for the instant offense. See United States v. Whiting, 28 F.3d 1296, 1310 (1st Cir. Ellison moved the suitcase into the other room and cut the lock off of it in order to find out why it weighed so much. McCarthy also challenges the search of his Isuzu pickup truck, arguing that it was the fruit of his illegal arrest and the illegal search of his maroon suitcase. Trooper Heller knew the area well and could think of only one black male living in the general direction in which Hunter had gestured. Henderson testified that, although Ellison took the padlock off the suitcase while he was in the other room, he, not Ellison, rummaged through the suitcase and found the weapons and the bulletproof vest. Following trial, the district court sentenced McCarthy to 387 months imprisonment.6  The court sentenced Hunter to 270 months imprisonment to be served consecutively to his Connecticut state sentence for violation of probation.7. One of those who died during the disaster was Master Sergeant Daniel Wassom, who lost his life protecting his five-year-old daughter from the tornado.

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