U.S. v. Olsem

Dist. Ct. did not commit plain error in sentencing defendant to 87-month term of incarceration on unlawful possession of firearm by felon charge, even though Dist. Ct. failed to state whether said sentence should be served concurrently or consecutively to pending state court charges and deferred said decision to state court. Under Setzer, 566 U.S. 231, Dist. Ct. has discretion to defer concurrent/consecutive sentence decision to state court, and Setzer does not obligate sentencing courts to exercise said discretion. Ct. further noted that Dist. Ct. had acknowledged that it had discretion to impose either concurrent or consecutive sentence.