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Setser v. United States

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
10-7387	5th Cir.	Nov 30, 2011	Mar 28, 2012	6-3	Scalia	OT 2011

Holding: A federal district court has the discretion to order a federal criminal sentence to run after a state criminal sentence that is anticipated but has not yet been imposed.

Judgment: Affirmed, 6-3, in an opinion by Justice Scalia on March 28, 2012. Justice Breyer filed a dissenting opinion joined by Justices Kennedy and Ginsburg.

SCOTUSblog Coverage

Opinion analysis: Court approves anticipatory concurrent and consecutive sentences (Michael Dimino, April 1, 2012)
Argument recap: Bureaucrats, judges, and criminal sentencing (Michael Dimino, December 5, 2011)
Argument preview: Court to consider run-on sentences (Michael Dimino, November 23, 2011)

Briefs and Documents

Merits Briefs for the Petitioner

Merits Briefs for the Respondent

Brief for amicus curiae in support of the judgment below

Certiorari-stage documents