073516P.pdf   07/31/2008  United States  v.  Marvin Hayes
   U.S. Court of Appeals Case No:  07-3516
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Shepherd, Author, with Murphy and Bye, Circuit Judges]
   Criminal case - Sentencing. Record showed the court's adequately
   considered the sentencing factors set out in 18 U.S.C. Sec. 3553(a); by
   statute, defendant's federal sentence did not commence at the time of
   sentencing as he was "on loan" from state authorities pursuant to a writ of
   habeas corpus ad prosequendum and was not committed to federal
   custody after his sentencing; district court did not abuse its discretion in
   determining that the federal sentence should be served consecutively to
   defendant's state time. Judge Bye, dissenting and asserting the district
   court committed a significant procedural error by failing to recognize the
   full extent of its sentencing authority to make defendant's sentence
   concurrent with his state time.