(CN) – A man convicted of drug crimes can head to the Supreme Court to challenge the imposition of a federal sentence consecutive to his state sentence, the justices said Monday.
Monroe Ace Setser was on probation for a 2006 state crime when he was caught with at least 50 grams of methamphetamine. Stetser pleaded guilty to possession with intent to distribute and aiding and abetting, but he had also faced 2007 state charges for possession with intent to deliver a controlled substance.
A federal judge sentenced Setser to about 12 years in prison, to be served consecutively to any sentence imposed as a result of his 2006 state offense and concurrently with any sentence imposed pursuant to his 2007 state offense.
Setser argued that the District Court does not have the power to impose a federal sentence consecutively to an undischarged state sentence, but the claims fell on deaf ears with the trial court and 5th Circuit.
The state court subsequently revoked Setser’s probation, sentencing him to five years. This sentence was later ordered to run concurrently with the 10 years imposed for the 2007 charges on which Setser had been convicted.