Under Section 5G1.2(c), the "formal sentence" should have been imposed as follows: 240 months on count 1 and 240 months on count 2, 120 months of which to run consecutively to the 240-month sentence imposed on count 1, with the remaining 120 months to run concurrently with the count 1 sentence. See, e.g., United States v. Fuller, 332 F.3d 60, 68 (2d Cir. 2003). In light of Booker, however, the Circuit recognized that Section 5G1.2 was no longer mandatory. A remand was nonetheless required, since the judge had to indicate the specific sentence she intended to impose on each count, given that the total sentence of 360 months exceeded the 240-month maximum on each count. Additionally, the court should consider on remand whether she would have imposed the same sentence in light of Booker and the Section 3553(a) factors.
Even if the judge determines on remand that the 360-month sentence remains appropriate, therefore, she need not follow Section 5G1.2's detailed procedures in imposing sentence. Thus, she could simply impose a sentence of 240 months on count 1 and a sentence of 120 months on count two, to run consecutively to the sentence imposed on count 2.
