United States v. Moore (P)

Prior to his federal sentencing for drug convictions, the defendant-appellant served seven months in state prison for related conduct. At sentencing, the district court reduced his mandatory-minimum sentence by seven months, over the government’s objection, to reflect his discharged state sentence. But absent some form of congressional authorization not present here, U.S. Sentencing Guidelines § 5K2.23 does not permit a district court to adjust a federal sentence below the statutory minimum to account for a related state sentence that has already been discharged.

Reversed and remanded.

United States v. Moore (P), No. 18-4481, Mar. 14, 2019. 4th Cir. (Floyd) from DSC at Columbia (Wooten).

Categories: 4th U.S. Circuit Court of Appeals, Opinions, Published


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