U.S. v. Hoffman

Dist. Ct. did not err in initially sentencing defendant on charge of exploitation of child and possession of child pornography in interstate commerce to 25-year term of incarceration and then deferring decision as to whether to impose instant sentence consecutively or concurrently with yet-to-be determined state sentence on child molestation charge involving same child victim. While defendant argued that he was entitled under section 5G1.3(c) of USSG to concurrent sentence with state sentence because his federal sentence had been enhanced by finding that he had engaged in pattern of activity involving prohibited sexual conduct, Dist. Ct. did not commit plain error in deferring decision regarding concurrent/consecutive treatment, where: (1) Dist. Ct. indicated that it still would have declined to impose concurrent sentence; (2) Dist. Ct. had reason to believe that state court judge had additional facts regarding defendant’s ultimate sentence; and (3) state court eventually sentenced defendant to 50-year term that was consecutive to his federal sentence.