United States v. Moore

Absent some form of congressional authorization, USSG 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. The Fourth Circuit vacated the district court's decision reducing defendant's mandatory-minimum sentence by seven months for time served in state prison for related conduct. The court held that the district court erred by basing the sentencing departure solely on USSG 5K2.23 without an independent statutory basis. The court remanded for resentencing. View "United States v. Moore" on Justia Law