United States v. Stanley Alexander, 100 F.3d 24 (5th Cir. 1996). · Go Syfert
United States v. Stanley Alexander, 100 F.3d 24 (5th Cir. 1996). Cases Citing This Book View Copy Cite
52 citation events (36 in the last 25 years) across 12 distinct courts.
Strongest positive: Sanford v. Gudino (cand, 2020-03-06)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 32 distinct citers. How cited ↗
cited Cited as authority (rule) Sanford v. Gudino
N.D. Cal. · 2020 · confidence medium
Public Utilities Com’n of State of Cal. v. F.E.R.C., 100 F.3d 24 1451, 1458 (9th Cir. 1996).
cited Cited as authority (rule) United States v. Santos Dias
5th Cir. · 2017 · confidence medium
United States v. Alexander, 100 F.3d 24, 27 (5th Cir. 1996); U.S.S.G. § 7B1.3(f).
discussed Cited as authority (rule) United States v. Crudup
1st Cir. · 2004 · confidence medium
See United States v. Gondek, 65 F.3d 1, 3-4 (1st Cir.1995); see also United States v. Goldman, 228 F.3d 942, 944 (8th Cir.2000); United States v. Alexander, 100 F.3d 24, 27 (5th Cir.1996); United States v. Bernard, 48 F.3d 427, 432 (9th Cir.1995).
discussed Cited as authority (rule) United States v. Hall, Kehinde
D.C. Cir. · 2003 · confidence medium
See, e.g., United States v. Goldman, 228 F.3d 942, 944 (8th Cir.2000); United States v. Alexander, 100 F.3d 24, 27 (5th Cir.1996); United States v. Gondek, 65 F.3d 1, 2-3 (1st Cir.1995); Untied States v. Bernard, 48 F.3d 427, 431 (9th Cir.1995).
discussed Cited as authority (rule) United States v. Jose Angel Morales-Castillo
11th Cir. · 2002 · confidence medium
Compare United States v. Goldman, 228 F.3d 942, 944 (8th Cir.2000) (holding that Application Note 6 imposes a mandatory obligation on the district courts), cert. denied, 531 U.S. 1175 , 121 S.Ct 1149 , 148 L.Ed.2d 1011 (2001); United States v. Alexander, 100 F.3d 24, 26-27 (5th Cir.1996), cert. denied, 520 U.S. 1128 , 117 S.Ct. 1273 , 137 L.Ed.2d 350 (1997) (same); United States v. Gondek, 65 F.3d 1, 2-3 (1st Cir.1995) (same); United States v. Bernard, 48 F.3d 427, 431-32 (9th Cir.1995) (same); with United States v. Swan, 275 F.3d 272, 279-80 (3d Cir.2002) (holding that Application Note 6 is n…
cited Cited as authority (rule) United States v. Bordelon
5th Cir. · 2002 · confidence medium
United States v. Alexander, 100 F.3d 24, 27 (5th Cir. 1996); United States v. Reyes-Lugo, 238 F.3d 305, 309-10 (5th Cir. 2001).
discussed Cited as authority (rule) Scholl v. United States
Fed. Cl. · 2002 · confidence medium
See United States v. Gondek, 65 F.3d 1, 2-3 (1st Cir.1995); United States v. Alexander, 100 F.3d 24, 26-27 (5th Cir.1996); United States v. Goldman, 228 F.3d 942, 944 (8th Cir.2000); and United States v. Bernard, 48 F.3d 427, 431 (9th Cir.1995).
discussed Cited as authority (rule) United States v. Warnick
4th Cir. · 2002 · confidence medium
United States v. LaBonte, 520 U.S. 751, 757 (1997) (holding that, although Congress has delegated "‘sig- nificant discretion in formulating guidelines’" to the Commission, the UNITED STATES v. WARNICK 7 Commission still "must bow to the specific directives of Congress") (quoting Mistretta v. United States, 488 U.S. 361, 377 (1989)); Stin- son, 508 U.S. at 38 (explaining that the Guidelines commentary "is authoritative unless it violates the Constitution or a federal statute"); United States v. Alexander, 100 F.3d 24, 26 (5th Cir. 1996) ("To the extent that they interpret substantive guidel…
discussed Cited as authority (rule) United States v. Mary E. Warnick
4th Cir. · 2002 · confidence medium
United States v. LaBonte, 520 U.S. 751, 757 , 117 S.Ct. 1673 , 137 L.Ed.2d 1001 (1997) (holding that, although Congress has delegated “ ‘significant discretion in formulating guidelines’ ” to the Commission, the Commission still “must bow to the specific directives of Congress”) (quoting Mistretta v. United States, 488 U.S. 361, 377 , 109 S.Ct. 647 , 102 L.Ed.2d 714 (1989)); Stinson, 508 U.S. at 38 , 113 S.Ct. 1913 (explaining that the Guidelines commentary “is authoritative unless it violates the Constitution or a federal statute”); United States v. Alexander, 100 F.3d 24, 26 …
examined Cited as authority (rule) United States v. Eric L. Swan (5×) also: Cited "see, e.g."
3rd Cir. · 2002 · confidence medium
The Courts of Appeals for the Eighth and Fifth Circuits underwent a similar analysis. 4 See *279 United States v. Goldman, 228 F.3d 942, 944 (8th Cir.2000); United States v. Alexander, 100 F.3d 24, 27 (5th Cir.1996).
discussed Cited as authority (rule) United States v. Rosario
E.D. Pa. · 2001 · confidence medium
United States v. Walker, 98 F.3d 944, 945 (7th Cir.1996) (same, but strong presumption exists in favor of consecutive sentencing), and United States v. Carver, 160 F.3d 1266 , 1268 n. 1 (10th Cir.1998) (noting, in dicta, the court's "skepticism” that a sentencing court is without discretion to impose a concurrent sentence) with United States v. Goldman, 228 F.3d 924, 944 (8th Cir.2000) (consecutive sentencing mandatory), United States v. Alexander, 100 F.3d 24, 26-27 (5th Cir.1996) (same), United States v. Bernard, 48 F.3d 427, 431 (9th Cir.1995) (same, without discussion), and United States…
discussed Cited as authority (rule) United States v. Tony Carver
10th Cir. · 1998 · confidence medium
Although other circuits have held that Application Note 6 is mandatory rather than discretionary, see, e.g., United States v. Alexander, 100 F.3d 24, 26-27 (5th Cir. 1996); United States v. McCarthy, 77 F.3d 522, 539 (1st Cir. 1996); United States v. Bernard, 48 F.3d 427, 431 (9th Cir. 1995), this court has not yet addressed the issue.
discussed Cited as authority (rule) United States v. Tony Lenard Carver
10th Cir. · 1998 · confidence medium
Although other circuits have held that Application Note 6 is mandatory rather than discretionary, see, e.g., United States v. Alexander, 100 F.3d 24, 26-27 (5th Cir.1996); United States v. McCarthy, 77 F.3d 522, 539 (1st Cir.1996); United States v. Bernard, 48 F.3d 427, 431 (9th Cir.1995), this court has not yet addressed the issue.
discussed Cited as authority (rule) United States v. Antoine M. Saacks, Jr.
5th Cir. · 1997 · confidence medium
United States v. Alexander, 100 F.3d 24, 26 (5th Cir.1996), cert. denied, - U.S. -, 117 S.Ct. 1273 , 137 L.Ed.2d 350 (1997) ("[W]here the commentary to a guideline section functions to interpret that section or to explain how it is to be applied, a sentencing court is bound to consider its implications, unless it is plainly erroneous or inconsistent with the guidelines."). 10 . 947 F.2d 339, 340 (8th Cir.1991). 11 . 35 F.3d 518, 521 (11th Cir.1994) (per cu-riam)(concluding that the defendant had violated a "judicial order” by disobeying the "mandate of the Bankruptcy Rules and Official Forms…
discussed Cited as authority (rule) UNITED STATES OF AMERICA v. ANTOINE M. SAACKS, JR
unknown court · confidence medium
Saacks describes as “tautological” the Eight Circuit’s reasoning in United States v. Lloyd, the first case to address the issue, which concluded that even though the defendant “did not violate a specific judicial order, injunction or decree . . . [he] did violate a judicial process by fraudulently concealing assets from bankruptcy court officers.”10 In criticizing Lloyd, Saacks notes 8 U.S.S.G. § 2F1.1 App. Note 5 (emphasis added). 9 United States v. Alexander, 100 F.3d 24, 26 (5th Cir. 1996), cert. denied, 117 S. Ct. 1273 (1997) (“[W]here the commentary to a guideline section fun…
cited Cited "see" United States v. Pena
5th Cir. · 2004 · signal: see · confidence high
See United States v. Alexander, 100 F.3d 24, 27 (5th Cir.1996); see also U.S.S.G. § 5G1.3(c), p.s., & comment. (n.6) (2002); U.S.S.G. § 7B1.3(f), p.s. (2002).
discussed Cited "see" United States v. Rangel
5th Cir. · 2003 · signal: see · confidence high
See United States v. Alexander, 100 F.3d 24, 25 . (5th Cir.1996) (stating that “[w]e review de novo the district court’s application of § 5G1.3”); United States v. Santana-Castellano, 74 F.3d 593, 596 (5th Cir.1996) (noting that “[a]pplications of the guidelines are reviewed de novo”).
cited Cited "see" United States v. Porche
5th Cir. · 2002 · signal: see · confidence high
See United States v. Alexander, 100 F.3d 24, 25-27 (5th Cir. 1996).
cited Cited "see" United States v. Shawn M. Smith
8th Cir. · 2002 · signal: see · confidence high
See United States v. Alexander, 100 F.3d 24, 26-27 (5th Cir. -3- 1996); United States v. Gondek, 65 F.3d 1, 2-4 (1st Cir. 1995); United States v. Bernard, 48 F.3d 427, 431 (9th Cir. 1995).
discussed Cited "see" United States v. Shawn M. Smith (2×)
8th Cir. · 2002 · signal: see · confidence high
See United States v. Alexander, 100 F.3d 24, 26-27 (5th Cir. 1996); United States v. Gondek, 65 F.3d 1, 2-4 (1st Cir.1995); United States v. Bernard, 48 F.3d 427, 431 (9th Cir.1995).
cited Cited "see" United States v. Regian
5th Cir. · 2002 · signal: see · confidence high
See id. at 27 .
discussed Cited "see" United States v. Thomas Lee Goldman (2×) also: Cited "see, e.g."
8th Cir. · 2000 · signal: accord · confidence high
Id.; accord Alexander, 100 F.3d at 26-27 ; Gondek, 65 F.3d at 2-3 ; Bernard, 48 F.3d at 431 .
discussed Cited "see" United States v. Thomas Lee Goldman (2×) also: Cited "see, e.g."
8th Cir. · 2000 · signal: accord · confidence high
Id.; accord Alexander, 100 F.3d at 26-27 ; Gondek, 65 F.3d at 2-3 ; Bernard, 48 F.3d at 431 .
examined Cited "see" United States v. Aris Maria, AKA Luis A. Rivera (3×) also: Cited "see, e.g."
2d Cir. · 1999 · signal: see · confidence high
See United States v. Alexander, 100 F.3d 24, 26-27 (5th Cir.1996) (per curiam); United States v. Gondek, 65 F.3d 1 (1st *73 Cir.1995); United, States v. Bernard, 48 F.3d 427 (9th Cir.1995). 6 In Alexander and Gondek , the Fifth and First Circuits, addressing the Sentencing Commission’s use of “should” in Application Note 6 to § 5G1.3(e), concluded that “should” meant “shall” because “[n]o qualification is stated or suggested” anywhere else in the text of the Note.
cited Cited "see" UNITED STATES OF AMERICA v. GREGORY R. TYNER, also known as Gregory R. Williams
unknown court · signal: see · confidence high
See United States v. Alexander, 100 F.3d 24, 27 (5th Cir. 1996); see also, United States v. Hornsby, 88 F.3d 336, 339 (5th Cir. 1996).
discussed Cited "see, e.g." In Re Pacific Fertility Center Litigation
N.D. Cal. · 2020 · signal: see also · confidence medium
In Smith, for example, the Ninth Circuit held that the district court did not err in 20 concluding “that the prospect of litigating the first lawsuit in state court does not amount to plain 21 legal prejudice” and that while the defendant “will be obliged to defend the state court action, this 22 does not add an extra burden to [the defendant] because it was already engaged in defending the 23 state court case.” Id. (internal quotation marks omitted); see also Westlands Water Dist., 100 F.3d 24 at 97 (holding that mere threat of future litigation, without more, does not constitute lega…
discussed Cited "see, e.g." United States v. Tisdale
10th Cir. · 2001 · signal: compare · confidence medium
Compare United States v. Alexander, 100 F.3d 24, 26-27 (5th Cir.1996)(holding that note 6's language is mandatory), and United States v. McCarthy, 77 F.3d 522, 539-40 (1st Cir.1996)(same), and United States v. Bernard, 48 F.3d 427, 430-32 (9th Cir.1995)(same), and United States v. Goldman, 228 F.3d 942, 944 (8th Cir.2000)(same), with United States v. Maria, 186 F.3d 65, 70-73 (2d Cir.1999)(holding that note 6 is not mandatory based upon use of the word "should" rather than the word "shall"), and United States v. Walker, 98 F.3d 944, 945 (7th Cir.1996)(indicating, in dicta, that note 6 creates …
cited Cited "see, e.g." United States v. Chapman
1st Cir. · 2001 · signal: see, e.g. · confidence medium
See, e.g., United States v. Alexander, 100 F.3d 24, 26 (5th Cir.1996) (holding that Application Note 6 is “binding on the courts”); United States v. Bernard, 48 F.3d 427, 430-32 (9th Cir.1995).
discussed Cited "see, e.g." United States v. Hancock
E.D. Pa. · 2000 · signal: compare · confidence medium
Compare, e.g., United States v. Alexander, 100 F.3d 24, 26-27 (5th Cir.1996) (holding that section 5G1.3(c) is a policy statement that interprets a substantive' guideline and therefore is binding on- a sentencing court; holding that application note six is mandatory notwithstanding its use of the term “should”); United States v. Gondek, 65 F.3d 1, 3 (1st Cir.1995) (holding that an earlier version of application note six is mandatory on sentencing court), with United States v. Maria, 186 F.3d 65 , 69 n. 4, 70-72 (2d Cir.1999) (declining to decide whether section 5G1.3(e) interprets a substa…
discussed Cited "see, e.g." United States v. Vaughn
10th Cir. · 2000 · signal: compare · confidence medium
Compare United States v. Maria , 186 F.3d 65, 70-73 (2nd Cir. 1999) (holding note 6 is not mandatory based on use of “should” rather than “shall”) and United States v. Walker , 98 F.3d 944, 945 (7th Cir. 1996) (indicating in dicta that note 6 creates only a “strong presumption in favor of consecutive sentencing”), with United States v. Alexander , 100 F.3d 24, 26-27 (5th Cir. 1996) (per curiam) (holding note 6 states mandatory requirement), and United States v. Gondek , 65 F.3d 1, 2-3 (1st Cir. 1995) (same).
discussed Cited "see, e.g." United States v. Burke
1st Cir. · 1996 · signal: compare · confidence low
And the federal court was not advised (contrary to defendant's suggestion) that the plea agreement itself referred to the matter. 3 In turn, while we express no opinion on the parties' shared assertion that U.S.S.G. § 7B1.3(f), with its call for consecutive sentencing, is binding on the lower court, see, e.g., United States v. Throneburg, 87 F.3d 851, 854 (6th Cir.), cert. denied, 65 U.S.L.W. 3341 (1996); United States v. Caves, 73 F.3d 823, 824 (8th Cir.1996) (per curiam); United States v. Hill, 48 F.3d 228, 230-32 (7th Cir.1995); see also United States v. O'Neil, 11 F.3d 292 , 301 n. 11 (1s…
discussed Cited "see, e.g." United States v. Burke
1st Cir. · 1996 · signal: compare · confidence low
In turn, while we express no opinion on the parties' shared assertion that U.S.S.G. 7B1.3(f), with its call for consecutive sentencing, is binding on the lower court, see, ___ e.g., United States v. Throneburg, 87 F.3d 851, 854 (6th ____ _____________ __________ Cir.), cert. denied, 65 U.S.L.W. 3341 (1996); United States _____________ _____________ v. Caves, 73 F.3d 823, 824 (8th Cir. 1996) (per curiam); _____ United States v. Hill, 48 F.3d 228, 230-32 (7th Cir. 1995); _____________ ____ see also United States v. O'Neil, 11 F.3d 292 , 301 n.11 (1st ________ _____________ ______ Cir. 1993); com…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Stanley ALEXANDER, Defendant-Appellant
96-10002.
Court of Appeals for the Fifth Circuit.
Nov 11, 1996.
100 F.3d 24
1996 WL 656094
Michael Reuss Snipes, Assistant U.S. Attorney, Office of the United States Attorney, Dallas, TX, for plaintiff-appellee., James A. Johnston, Dallas, TX, for defendant-appellant.
Davis, Garza, Stewart.
Cited by 39 opinions  |  Published
PER CURIAM:

Stanley Alexander appeals the district court’s order requiring his federal sentence for illegal purchases of firearms in violation of 18 U.S.C. § 371 to run consecutively to his undischarged state sentence for attempted murder. Specifically, Alexander contends that the district court erred in concluding it lacked the authority to allow his federal sentence to run concurrently because of the requirements of Application Note 6 under United States Sentencing Guideline § 5G1.3(c) (1995). Because we agree with the district court that Application Note 6 mandates a consecutive sentence in this case, we affirm.

I.

Pursuant to a plea agreement, Alexander pled guilty to conspiracy to conduct illegal straw purchases of firearms, in violation of 18 U.S.C. § 371, and was sentenced to .twenty-four months’ imprisonment, three years’ supervised release, and $50 special assessment. At the time Alexander committed the charged offense, he was on state probation for attempted murder. His probation was revoked on September 19, 1994, an adjudication of guilt was entered, and he was sentenced to twenty years’ imprisonment.

The pre-sentence report in the charged offense recommended, pursuant to Application Note 6 of § 5G1.3, that the sentence for the instant offence run consecutively to Alexander’s undischarged state sentence. At sentencing, Alexander argued that the language in Note 6 (Note 4 under the previous guidelines) is instructive rather than mandatory and that the district court retained discretion under § 5G1.3(c) to impose a “reasonable incremental punishment” for the instant offense rather than a consecutive sentence.

The district court ordered Alexander’s sentence to run consecutively to his undischarged state sentence. The court determined that the language “should be imposed to run consecutively,” found in Application Note 6 under § 5G1.3, mandated consecutive sentences. The court specifically noted, however, that if Note 6 was not mandatory, the court would “recalculate on the basis of an incremental sentence.”

II.

We review de novo the district court’s application of § 5G1.3. United States v. Bryant, 991 F.2d 171, 177 (5th Cir.1993). In general, a sentence will be upheld on review unless it was “imposed in violation of law; imposed as a result of an incorrect application of the sentencing guidelines; or outside the range of the applicable sentencing guideline and is unreasonable.” United States v. Garcia, 962 F.2d 479, 480-81 (5th Cir.), cert. denied, 506 U.S. 902, 113 S.Ct. 293, 121 L.Ed.2d 217 (1992).

Section 5G1.3 governs imposition of sentences on defendants who are convicted of a crime while subject to an undischarged term of imprisonment for a previous conviction. Under subsection (a), the new sentence must be consecutive if a defendant is convicted for a crime committed while “serving a term of imprisonment (including work release, furlough, or escape status), or after sentencing for, but before commencing service of, such term of imprisonment.” Subsection (b) provides for a concurrent .sentence where the undischarged term resulted from offenses “that have been fully taken into account” in determining the offense level for the present offense. Finally, subsection (e) provides that “in any other ease, the sentence for the instant offense may be imposed to run concurrently, partially concurrently, or consecutively to the prior undischarged term of imprisonment to achieve a reasonable punishment for the instant offense.”

Application Note 6 addresses revocations of probation, parole, or supervised release. It states in relevant part: ■

If the defendant was on federal or state probation, parole, or supervised release at the time of the instant offense, and has had such probation, parole, or supervised release revoked, the sentence for the instant[*26] offense should be imposed to run consecutively to the term imposed for the violation of probation, parole, or supervised release.

It is undisputed that § 5G1.3(c) governs this ease. It is also undisputed that the facts of Alexander’s case squarely fit into the scenario envisioned by Application Note 6. At issue is only whether Note 6 imposes a mandatory duty' on the trial judge to impose a consecutive sentence, or whether the trial judge retains discretion to impose a concurrent or partially concurrent sentence.

We begin by noting that both § 5G1.3(c) and Application Note 6 are binding on the courts. This is true even though § 5G1.3(c) is designated a “Policy Statement” rather than a “Guideline.” To the extent that they interpret substantive guidelines and do not conflict with them or with any statutory directives, policy statements contained in the Sentencing Guidelines are authoritative. Williams v. United States, 503 U.S. 193, 199, 112 S.Ct. 1112, 1118-19, 117 L.Ed.2d 341 (1992); cf. United States v. Headrick, 963 F.2d 777 (5th Cir.1992) (policy statements in Chapter 7 of the Sentencing Guidelines must be considered, but are advisory only because they do not interpret or explain any statute or guideline). We stated in United States v. Hernandez that “[w]e believe that § 5G1.3(c), a policy statement, is binding on district courts because it completes and informs the application of a particular guideline.” 64 F.3d 179, 182 (5th Cir.1995); see also United States v. Brewer, 23 F.3d 1317, 1322 (8th Cir.1994) (“This policy statement interprets § 5G1.3, whose purpose is to impose ‘an appropriate incremental punishment for the instant offense that most clearly approximates the sentence that would have been imposed had all the sentences been imposed at the same time.’ ”) (quoting U.S.S.G. § 5G1.3 comment, (baekg’d)). We also specifically held that “the district court must consider the policy statement to this particular guideline when applicable. Otherwise, the sentence may result in an incorrect application of the guidelines.” Hernandez, 64 F.3d at 182; see also Williams, 503 U.S. at 200-01, 112 S.Ct. at 1119; United States v. Sorensen, 58 F.3d 1154, 1158 (7th Cir.1995) (failure to apply § 5G1.3(c) is the same as not applying any other guideline and is thus ap-pealable).

Similarly, where the commentary to a guideline section functions to interpret that section or to explain how it is to be applied, a sentencing court is bound to consider its implications, unless it is plainly erroneous or inconsistent with the guidelines. Stinson v. United States, 508 U.S. 36, 41-48, 113 S.Ct. 1913, 1917-20, 123 L.Ed.2d 598 (1993); Hernandez, 64 F.3d at 183. Because Application Note 6 to § 5G1.3 interprets this policy statement and explains how it should be applied, a sentencing court is bound to consider its implications. Hernandez, 64 F.3d at 183; United States v. Coleman, 15 F.3d 610, 612 (6th Cir.1994).

III.

Alexander advances two main arguments for why Note 6 should not be read as mandating a consecutive sentence. First, Alexander argues, the plain meaning of the term “should,” as opposed to “shall,” connotes something less than an absolute mandate. Second, he contends that reading Note 6 as a mandatory requirement would conflict with our recent decision in United States v. Hernandez. Both of these arguments are unpersuasive.

Three circuits have addressed this precise issue. All three have concluded that despite the Sentencing Commission’s use of the word “should” rather than “shall,” the “greater weight of the evidence suggests” Application Note 6 imposes a mandatory obligation on the district court. United States v. Gondek, 65 F.3d 1, 2-3 (1st Cir.1995); see also United States v. McCarthy, 77 F.3d 522, 539-40 (1st Cir.1996); United States v. Bernard, 48 F.3d 427, 430-32 (9th Cir.1995); United States v. Dungy, 1996 WL 193150, at *2 (8th Cir. April 23, 1996) (unpublished disposition). Other courts, including this Court, while not directly deciding this issue have intimated that[*27] Application Note 6 is mandatory. See, e.g., United States v. Torrez, 40 F.3d 84, 88 n. 2 (5th Cir.1994) (accepting that the Note “mandates a consecutive sentence” but declining to apply because sentencing preceded Note’s effective date); United States v. Brewer, 1996 WL 7961, at *3 (4th Cir. Jan. 8, 1996) (unpublished disposition) (stating Note “instructs the district court to impose a sentence consecutive to a probation revocation sentence”), cert. denied, — U.S. -, 116 S.Ct. 1699, 134 L.Ed.2d 798 (1996). But cf. United States v. Smith, 80 F.3d 1188, 1192 (7th Cir.1996) (describing the Note as setting forth “a strong preference for consecutive sentences”). Moreover, at least two other courts reached the same result prior to promulgation of the Note based in part on the policy statement contained in U.S.S.G. § 7B1.3(f), which is specifically cross-referenced in Note 6. See United States v. Glasener, 981 F.2d 973, 975 (8th Cir.1992); United States v. Flowers, 13 F.3d 395, 397 (11th Cir.1994).

We agree with the analysis of our sister circuits that Application Note 6 is mandatory notwithstanding its use of the term “should.” The Note plainly states that if the defendant committed the offense while on probation and his probation has been revoked, the sentence should be imposed consecutively. No qualifications or reservations are suggested. As the First Circuit observed, the Note “represents the Commission’s determination as to what is a ‘reasonable incremental punishment’ in the narrow situation described in the Note.” Gondek, 65 F.3d at 3.

Moreover, as these courts have noted, the situations covered by Note 6 are analytically similar to those governed by § 5G1.3(a), which mandates consecutive sentences. Subsection (a) imposes a consecutive sentence where a defendant is convicted for a crime committed while “serving a term of imprisonment (including work release, furlough, or escape status), or after sentencing for, but before commencing service of, such term of imprisonment.” Likewise, Application Note 6 requires a consecutive sentence where a defendant on probation, parole, or work release at the time he commits the offense has that probation, parole, or work release revoked prior to sentencing. This latter scenario is virtually identical to that described in subsection (a) of a defendant convicted of a crime “after sentencing for, but before commencing service of,” a term of imprisonment. That the Commission chose to mandate such a result through an Application Note rather than amending the Guidelines directly is irrelevant. See Gondek, 65 F.3d at 3.

Nor does such a reading of Note 6 conflict with the general grant of discretion in § 5G1.3(c). Subsection (c) was intended as a catch-all and generally grants broad discretion to the district court in those situations not governed by the mandates of subsections (a) and (b). However, nothing in subsection (c) forecloses the Commission’s ability to create other exceptions to the district court’s discretion, and there is nothing inconsistent in doing so through an Application Note rather than a Guideline.

Finally, Alexander argues that interpreting Application Note 6 as mandatory conflicts with our recent decision in Hernandez. This argument grossly overstates our holding in that ease. In Hernandez, we addressed whether Application Note 3 to § 5G1.3 under the 1994 Guidelines removed the district court’s authority to deviate from the suggest-éd methodology for determining an appropriate incremental punishment.' Note 3 provided in relevant part:

To the extent practicable, the court should consider a reasonable incremental penalty to be a sentence for the instant offense that results in a combined sentence of imprisonment that approximates the total punishment that would have been imposed ... had all of the offenses been federal offenses for which sentences were being imposed at the same time.

We held that “due to the permissive language of the commentary, ... the suggested methodology is advisory only.” Hernandez, 64 F.3d at 183.

There, however, the commentary specifically indicated that the methodology was meant only to “assist the court in determining the appropriate sentence,” and that, even then, it need only be followed “to the extent practicable.” U.S.S.G. § 5G1.3, comment, (n. 3). No such limiting language is present in Application Note 6 and nothing in Hernandez forecloses the decision we reach today.

[*28] For the foregoing reasons, the decision of the district court is AFFIRMED.

AFFIRMED.