Criminal Defense of Immigrants

(B) Consecutive or Concurrent Sentences.  Federal statute controls whether a noncitizen defendant can be sentenced to con­secutive or concurrent sentences.[95]  Multiple terms of imprisonment imposed simultaneously run concurrently unless the court orders otherwise or the statute under which the defendant was convicted requires the court to impose consecutive sentences.  If multiple terms of imprisonment are imposed at different times, however, they are automatically consecutive unless the court orders concurrent sentences.[96]  In deciding between concurrent and consecutive sentences, federal law requires the court to consider (a) the nature and circumstances of the offense, (b) the history and characteristics of the defendant, (c) the need for the sentence imposed, (d) the need to provide the defendant with educational or vocational training, medical care or other correctional treatment, (e) the kinds of sentences available, (f) the sentencing range estab­lished for the applicable category of offense and defendant, and (g) the possibility of restitution.[97]  Noncitizens can use many of these factors to argue for concurrent sentences.

[95] 18 U.S.C. § 3584.

[96] 18 U.S.C. § 3584(a).

[97] 18 U.S.C. § 3553(a).