Sentence calculation may be based on grouping of multiple counts from separate indictments, not just multiple counts in single indictment

SENTENCING United States v. Herula, No. 05-1091, ___ F.3d ___ (10th Cir. Sep. 21, 2006)(Colorado). Appeal of sentence for wire fraud, bankruptcy fraud, and money laundering. HELD: Where defendant was convicted on wire fraud, bankruptcy fraud, and money laundering counts in Rhode Island and had that case transferred into Colorado district court for sentencing while separate case was pending in Colorado, district court properly grouped all counts of conviction for consolidated sentencing as required by § 5G1.2 and Chapter 3, Part D of Sentencing Guidelines. Section 5G1.2’s analysis of multiple counts applies to counts contained in separate indictments, not just multiple counts contained in a single indictment. NOTE: Before setting off on its analysis of the principal issue in this case, the Tenth Circuit framed its task in these words: We have not previously addressed this question, which requires our entry into the labyrinth that is the sentence guidelines’ grouping rules. See United States v. Hernandez Coplin, 24 F.3d 312, 320 (1st Cir. 1994)(“The grouping rules are one of those chapters in the Sentencing Guidelines where practical judgments, unexplained policy choices, and extreme complexity are so fused that even the most expert of lawyers and judges can be led astray.”). Mercifully, our stay need only be a short one . (emphasis added) Read the opinion here.