Consecutive Sentencing Discretion Affirmed

U.S. v. O'Bryan, 2008 WL 905189 (4/4/08) (unpub'd) - The Tenth affirms that district courts have discretion in deciding whether to impose consecutive or concurrent sentences. However, in deciding to address the concurrent sentencing discretion issue as though it had been preserved, the 10th contrasts the latest plain error sentencing cases with a possibly helpful published case: U.S. v. Tisdale, 248 F.3d 964 (10th Cir. 2001). In that case, the 10th held the defendant preserved his claim that the district court did not understand its authority to impose a concurrent sentence when, after the district court announced a consecutive sentence, the defendant reminded the district court he was serving a state sentence and asked for a concurrent sentence.