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United States of America v. Robert Dunbar

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Before Boudin, Circuit Judge, Souter, *fn1 Associate Justice, and Howard, Circuit Judge.

Robert Dunbar robbed a federally-insured bank in East Bridgewater, Massachusetts, and fled in a stolen car. During the ensuing police pursuit, Dunbar crashed head-on into a car driven by a teenage girl, who sustained serious injuries. State and federal authorities prosecuted Dunbar separately. This appeal raises the question whether the federal sentencing guidelines require that the time Dunbar had already served on his state sentences be credited toward his federal career-offender sentence.

Dunbar was sentenced in state court in December 2008, where he was convicted of resisting arrest, receiving a stolen vehicle, operating a motor vehicle under intoxication causing serious bodily injury, reckless operation of a motor vehicle, refusing to stop for a police officer, and operating a vehicle with a suspended license. The state court sentenced Dunbar to two consecutive terms totaling five years in prison, of which Dunbar had served one year prior to his federal sentencing.

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