United States v. Bauer
2010 U.S. App. LEXIS 23628
| 8th Cir. | 2010Background
- Bauer pled guilty to being a felon in possession of a firearm under 18 U.S.C. §§ 922(g)(1), 924(a)(2) and was sentenced to 86 months concurrent with eight Iowa state sentences.
- At sentencing, the PSR proposed a four-level increase under § 2K2.1(b)(6) for possessing a firearm in connection with a felony (the Buchanan County offense).
- Bauer was serving eight Iowa state sentences at the time, including a five-year Buchanan County offense.
- The district court sentenced Bauer under § 5G1.3(c) to run concurrently with the Iowa sentences and did not award credit for time served.
- Bauer appealed, arguing § 5G1.3(b) should apply to the Buchanan County offense and grant time-served credit.
- The court held that § 5G1.3(c) applied in this complex, multi-undischarged-term scenario and affirmed the sentence without time-served credit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 5G1.3(b) or § 5G1.3(c) governs time served credit. | Bauer: § 5G1.3(b) should apply to the Buchanan County offense. | Government: § 5G1.3(c) applies due to multiple undischarged terms; credit not available. | § 5G1.3(c) applies; no time-served credit awarded. |
Key Cases Cited
- Shafer, 438 F.3d 1225 (8th Cir. 2006) (complex cases may rely on § 5G1.3(c))
- Morris, 458 F.3d 757 (8th Cir. 2006) (addressed multiple offenses but not controlling precedent on point)
- Kimble, 107 F.3d 712 (9th Cir. 1997) (§ 5G1.3(b) does not apply when undischarged term arises from multiple offenses)
- Hurley, 439 F.3d 955 (8th Cir. 2006) (notes on § 5G1.3 and credit limitations)
- Burch, 406 F.3d 1027 (8th Cir. 2005) (interpretation of Guidelines 5G1.3 in context of undischarged terms)