What is the test for a concurrent sentence under the concurrent sentence doctrine?
MultiRegion, United States of America
The following excerpt is from United States v. Vasquez, 468 F.2d 565 (2nd Cir. 1972):
Upon the record before us, we find that it is neither necessary nor appropriate to reach the issue of statutory construction urged upon us. Since concurrent sentences well within the statutory limit were imposed on each count and our careful review of the record
[468 F.2d 567]
satisfies us that there was no spillover which could have prejudiced appellant in any way, we hold that this is an appropriate case in the exercise of our discretion to affirm under the concurrent sentence doctrine, upon the authority of our recent decision in United States v. Gaines, 460 F.2d 176 (2 Cir. 1972), cert. denied, 409 U.S. 883, 93 S.Ct. 172, 34 L.Ed.2d 139 (1972).5[468 F.2d 567]
Affirmed.
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