Is a consecutive sentence for a separate and distinct crime a constitutional violation?

MultiRegion, United States of America

The following excerpt is from Olds v. Maass, 899 F.2d 19 (9th Cir. 1990):

Olds was sentenced for two separate murders which he committed at separate times and places. "No statutory authorization is required where ... the acts punished are clearly discrete." Id. "The imposition of consecutive sentences is nothing more than the imposition, for each crime, of the sentence fixed by legislative act. Such sentencing does not constitute usurpation of a legislative function but rather is literal compliance with that which the legislature has prescribed." Id. at 612, quoting Fiero v. McDougall, 648 F.2d 1259, 1260 (9th Cir.), cert. denied, 454 U.S. 933 (1981). There is no constitutional violation arising from the imposition of the consecutive sentence for Olds's separate and distinct crime.

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