United States v. Gonzalez-Murillo, No. 16-11464 (11th Cir. 2017)
Annotate this CaseUSSG G1.3(b) requires the district court to "adjust" a defendant's sentence to credit him for time served in state custody on relevant conduct covered by his federal sentence—but only when the defendant has undischarged time remaining on his state sentence. Meanwhile, USSG 5K2.23 allows a district court to exercise discretion to "depart" from a guidelines sentence to reflect credit for time served in state custody on relevant conduct covered by his federal sentence when the related state sentence is completely discharged at the time of federal sentencing. In this case, the court found it unclear whether defendant's state sentence of imprisonment was entirely discharged or whether, instead, defendant had additional state time remaining to be completed. Accordingly, the court remanded for the district court to resolve that question and, if appropriate, to modify defendant's reduced sentence accordingly.
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