Federal 7th Circuit Court
Criminal Court
Sentencing
Dist. Ct. did not err in imposing sentences of 168 months on bank robbery charge and 12 months for violation of terms of supervisory release stemming from prior conviction. However, Dist. Ct. erred by treating policy statement recommendation in section 7B1.3(f) of USSG as mandating consecutive sentences for instant convictions and for failing to appreciate that it had discretion to make defendant’s sentences either consecutive or concurrent. Accordingly, defendant was entitled to limited remand for Dist. Ct. determination as to whether it would have imposed same sentence knowing that guideline recommendation is not mandatory.