Setser v. United States — Breyer, J., dissenting

Summary

Justice Breyer, dissenting, argues that federal sentencing judges lack statutory authority to order a federal sentence to run consecutively to an anticipated state sentence not yet imposed. He reasons that judges lack necessary information at the time of sentencing to apply the Sentencing Reform Act's goals of honesty and uniformity, whereas the Bureau of Prisons is better positioned to make this determination later. The dissent concludes that the majority's reading risks confusion and sentencing disparity.