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Henry: Downward Adjustment Under USSG 5G1.3(b) is Mandatory Notwithstanding Booker

By Tim Cone

 In United States v. Henry, No. 18-15251 (Aug. 7, 2020) (William Pryor, Grant, Antoon), the Court vacated the district court?s refusal to adjust the defendant?s sentence under USSG 5G1.3(b) based on time served on a related state case. Although there was no dispute that the criteria for an adjustment under 5G1.3 were satisfied, the district court refused to apply it because it determined that the Guidelines were advisory.  Disagreeing with other circuits, the Eleventh Circuit reached the contrary conclusion, holding that an adjustment under 5G1.3 is mandatory, notwithstanding Booker.  The Court reasoned that Booker rendered advisory only the Guideline provisions that relate to the guideline range.  But 5G1.3 relates to the imposition of the sentence and comes in to play only after the guideline range has been determined...continue to full post

Full post as published by Defense Newsletter Blog on August 07, 2020 (boomark / email).