What is the test for a federal district court to impose consecutive sentences on a convicted felon in possession of a firearm?

MultiRegion, United States of America

The following excerpt is from U.S. v. Greene, 924 F.2d 1063 (9th Cir. 1990):

We also hold that the district court did not abuse its discretion in imposing consecutive terms of imprisonment. 1 See United States v. Rachels, 820 F.2d 325, 328 (9th Cir.1987). A district court may impose consecutive sentences when the offense violates two different statutes if each statute requires proof of a fact which the other does not. See Blockburger v. United States, 284 U.S. 299, 304 (1932); United States v. Ching, 682 F.2d 799, 802 (9th Cir.1982). These convictions satisfy this requirement. Count one, felon in possession of a firearm, required proof of defendant's prior felony conviction. Count two, possession of an unregistered firearm, required proof that the gun was not registered to the defendant. Accordingly, we hold that the district court did not abuse its discretion in imposing consecutive sentences, even though the defendant received the maximum sentence on each count.

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