You can ask a federal judge to order eligible prison terms to run concurrently, but the request concerns sentences, not simply “charges.” The court must have legal authority to grant it. Some statutes require consecutive time, and a plea recommendation does not always bind the sentencing judge.
Understand the defaults
Under 18 USC 3584, multiple terms imposed at the same time generally run concurrently unless the court orders consecutive terms or a statute requires them. Terms imposed at different times generally run consecutively unless the court orders concurrency. The actual judgment and applicable statute control. [1]
Concurrent terms overlap only to the extent the sentence calculation and custody circumstances allow. A later sentence does not necessarily erase time that has already passed, and a judge’s concurrency order does not authorize duplicate credit prohibited by other law.
Make the request before sentencing
Discuss the issue during plea negotiations, examine the presentence report, and identify related state or federal sentences. Relevant Guidelines provisions may address undischarged imprisonment and related conduct. Mandatory consecutive penalties must be separated from discretionary counts.
The judge considers the applicable section 3553(a) factors, including offense circumstances, personal history, deterrence, protection of the public, and sentencing disparity. A reasoned request should connect concurrency to those factors rather than simply ask for the lowest total time. [2]
- Provide judgments, docket information, custody dates, and release calculations for other cases.
- Explain overlap in the conduct and any punishment already accounted for.
- Identify mandatory consecutive provisions accurately.
- Ask that the court’s intended sentence relationship appear clearly in the judgment.
If sentencing already happened
The court’s power to modify a final sentence is limited. A letter asking for concurrency is not a universal postjudgment remedy. Counsel should distinguish an appeal, a permissible correction, a statutory reduction, and a Bureau of Prisons computation or designation issue.
For a new revocation term, see supervised release violation sentencing; the policy considerations differ from an ordinary original sentence. federal prisoner transit and custody status can help explain why physical location does not itself determine which sentence is running. Obtain the written judgments before assuming that either concurrent or consecutive treatment was ordered.
Primary sources
Sources checked: October 31, 2026.